
arcs JVf g725" 

Book JUi 9 



Copyright^ . 



So 



COPYRIGHT DEPOSIT. 



CIVIL GOVERNMENT 
IN CALIFORNIA 



BY 



JOHN RICHARD SUTTON 

VICE PRINCIPAL OF THE OAKLAND HIGH SCHOOL 
OAKLAND, CALIFORNIA 




AMERICAN BOOK COMPANY 

m<N YORK CINCINNATI CHICAGO 



1»< 






Copyright, 


1914 and 1916, 


BY 


JOHN 


R. SUTTON. 




Copyright, 1914, in Great Britain. 


civil 


GOV. IN CAL. 

w. p. 4 





1 



I! 



fft 



JAN 2\ 1316 

©CI.A420442 



PREFACE 

It is the purpose of this work to present in brief form 
something of the theory and practice of civil government 
in California. The scope of governmental activity widens 
from year to year, coming nearer and nearer the life of 
every individual ; and, on the other hand, the intelligence 
of the individual and his general attitude toward public 
affairs, react more and more upon the government. The 
influence of the citizen is vital in the selection of public 
officials, and in the attitude assumed toward them after 
they are selected. His power has been tremendously 
augmented in recent years by the widespread adoption 
of the direct primary, the initiative, the referendum, and 
the recall; and his intelligence must keep pace with his 
political power, or the commonwealth will suffer. The 
following chapters are intended to place in convenient 
form the most important features of the information which 
every responsible citizen should possess if his influence is 
to count for the common good. 

The author hopes especially that this book may be of 
service to students of civil government in colleges and 
high schools. It is intended to be a book of information, 
and many details are given which may be omitted in class 
work. No attempt is made to present a complete expo- 
sition of the principles of government, or to discuss prob- 
lems of good citizenship. These are important matters, 
and it is assumed that teachers will give them proper 

3 



4 PREFACE 

attention in connection with the various topics found in 
the text. 

The author desires to express his appreciation of the 
assistance given him in the preparation of this work by 
the late Mr. Haven W. Edwards of the Oakland High 
School, and Mr. F. H. Clark of the Lowell High School, 
San Francisco, who have read the manuscript and have 
given invaluable criticisms and suggestions. Thanks are 
due to Professor Orrin Kip McMurray, of the University 
of California, who has read and criticised the chapter 
on the state judicial system ; and to Messrs. H. A. Mason 
and William J. Locke, of San Francisco, specialists in 
municipal corporation law, and Secretary and Assistant 
Secretary of the League of California Municipalities, who 
have made valuable suggestions on the chapters on munic- 
ipal government. Valuable assistance has also been given 
by many public officials, especially by Mr. William C. 
Clark, Assemblyman from Oakland ; Mr. Walter J. Bur- 
pee, Assistant District Attorney of Alameda county ; and 
Mr. Edward Hyatt, Superintendent of Public Instruction. 

J. R. S. 

• Since the publication of this text, some changes have 
been made in the public law of California. The most 
important of these will be found in the Supplement at 
page 465. 



TABLE OF CONTENTS 



CHAPTER I. THE SCOPE OF GOVERNMENT 

SECTION PAGE 

1. Different Views as to the Scope of Government .... 15 

2. The Attitude of European Government toward Industry . . 16 

3. Laissez faire in the United States 17 

4. Government Regulation of Industry in the United States . . 18 

CHAPTER II. THE SELECTION OF PUBLIC 
OFFICERS 

5. Methods of selecting Public Officers 20 

6. The Convention Method of making Nominations ... 20 

7. Attempts to overthrow Bossism in California .... 23 

8. The California Direct Primary Law 24 

1. When Primaries are held 24 

2. The First Steps . . .25 

3. Primary Election Ballots 25 

4. The Voter at the Primary 28 

5. The Result 29 

6. Party Committees and Conventions 31 

7. Special Provisions 32 

9. Nonpartisan Direct Primaries 33 

10. Nomination by Petition 35 

11. The Election of Officers 36 

12. Pre-primary Conventions 38 

13. The Short Ballot 39 

14. National Conventions 40 

15. Conclusion 43 

CHAPTER III. THE POLITICAL SUBDIVISIONS OF 
CALIFORNIA 

16. Importance of State and Local Government .... 46 

17. The Subdivisions of California Classified 47 

5 



TABLE OF CONTENTS 



SECTION PAGE 

18. Road Districts and Permanent Road Divisions .... 49 

Corporations 50 

Charters of Corporations 51 

Private and Public Corporations 52 

Two Kinds of Public Corporations 54 

1. Municipal Corporations ........ 54 

2. Quasi Corporations 55 

Corporations Classified 56 

Local Self-government 57 



19. 

20. 
21. 
22. 



23. 

24. 



CHAPTER IV. RURAL LOCAL GOVERNMENT 
25. Introductory 61 



Section 1. 



Rural Local Government in the United 
States 



26. The New England Plan 

27. The Southern Plan 

28. Rural Local Government in the Middle Atlantic States 

29. Rural Local Government in the Middle South and West 

30. Rural Local Government in the Middle North 



61 
62 
63 
63 
64 



Section 2. Rural Local Government in California 



31. The County Type in Use in California 

32. Judicial Townships ..... 

33. The Formation of Counties .... 

34. The Relation between a County and the State 



66 
67 
68 
70 



CHAPTER V. 



COUNTY GOVERNMENT — COUNTY 
OFFICERS 



Section 1. 



County Officers, Terms of Office, and 
Other Details 



35. County Officers .... 

36. Terms of Office 

37. Official Bonds ..... 

38. Vacancies and Salaries 

39. The Consolidation of County Offices 

40. The Uniformity of County Government 



72 
73 
74 
74 
75 
75 



TABLE OF CONTENTS 7 
Section 2. The Board of Supervisors 

SECTION PAGE 

41. Organization 76 

42. The Powers and Duties of the Board of Supervisors ... 77 

43. The General Character of Supervisors' Work .... 81 

Section 3. Duties of Other County Officers 

44. Duties of the County Clerk 82 

45. Duties of the Assessor 83 

46. Duties of the Tax Collector 84 

47. Duties of the Treasurer 86 

48. Duties of the Auditor 87 

49. Duties of the Recorder 88 

50. Duties of the Coroner 89 

51. Duties of the Surveyor . 90 

52. County School Officers 91 

53. Superior Judges and Justices of the Peace 91 

54. Duties of the Sheriff 91 

55. Duties of Constables 92 

56. Duties of the District Attorney 93 

57. Duties of the Public Administrator 94 

58. Duties of the County Health Officer 95 

59. Duties of the Horticultural Commissioner and of the County 

Board of Forestry 95 

60. Duties of the Live Stock Inspector 97 

61. Duties of the Fish and Game Warden 98 

62. The Inspector of Apiaries . . ' 98 

63. Conclusion 98 

CHAPTER VI. COUNTY GOVERNMENT— FINANCES 
AND MISCELLANEOUS 

Section 1. County Finances 

64. Introductory 101 

65. Sources of County Revenues 101 

66. County Bonds 102 

67. The Spending of County Money 103 

68. Suits against a County 104 

Section 2. Miscellaneous Matters 

69. The Removal of County Officers 105 

70. Xo Responsible Head to our County Government . . . 107 



8 TABLE OF CONTENTS 

SECTION PAGE 

71. A Possible Remedy . . . .108 

72. The Initiative and the Referendum 109 

CHAPTER VII. CITY GOVERNMENT 

73. The Meaning of the Word City 112 

74. How Cities differ from other Public Corporations . . . 112 

75. Three Kinds of City Charters 113 

1. Special Charters 113 

2. Class Charters 114 

3. Freeholders' Charters 115 

76. How a Community Incorporates . . . . . . 115 

77. Disincorporation 117 

78. Change of Boundaries ......... 117 

79. The Relation of Cities to the United States . . . .118 

80. The Relation of Cities to the State 118 

81. The Relation of Cities to the Counties in which they are Located 122 

82. Consolidated Cities and Counties 124 

CHAPTER VIII. CITY GOVERNMENT — 
GENERAL MUNICIPAL OFFICERS 

83. The Contents of City Charters 128 

84. Officers and Departments . 128 

85. The Principal Governing Board 130 

86. The Recall, Initiative, and Referendum 132 

87. The Mayor 133 

88. The City Clerk 134 

89. Financial Officers and Finances 135 

90. The City Attorney . . 136 

91. Police Judges . .136 

92. The Selection of City Officers 137 

93. The Removal of City Officers 139 

94. The Commission Plan 139 

95. The Features of a " Progressive " Charter 141 

CHAPTER IX. CITY GOVERNMENT — 
THE MUNICIPAL DEPARTMENTS 

Section 1. The Departments of Public Safety 

96. Introductory 144 

97. The Police Department 144 



TABLE OF CONTENTS 9 

SECTION PAGE 

98. The Fire Department 147 

99. The Health Department 148 

100. The Work of City Health Departments 150 

101. Some Facts that should be Remembered ..... 152 

Section 2. Other Municipal Departments 

102. Introductory 153 

103. The Department of Public Works 153 

104. The Department of Public Supplies 155 

105. The Departments of Public Utilities . . . . .156 

106. The Park Department 158 

107. The Playground Department 159 

Section 3. The Educational Departments 

108. The School Department 159 

109. The Library Department 160 

Section 4. Miscellaneous Departments 

110. The Civil Service Commission 161 

111. Other Governmental Agencies 163 

112. The Unity of a City Government 163 

CHAPTER X. INTRODUCTION TO STATE GOVERN- 
MENT 

113. Relation of the State to Local Governments .... 167 

114. A Central State Government Necessary ..... 167 

115. The Relations between the Nation and the States . . . 168 

116. The Sphere of State Activity 170 

117. State Constitutions 172 

118. The First Constitution of California 173 

119. The Second Constitution of California 173 

CHAPTER XL THE STATE LEGISLATURE 

120. Composition, Terms, and Sessions of the Legislature . . 175 

121. The Organization of the Legislature 176 

122. The Passing of Laws 177 

123. The Powers of the Legislature 180 



IO TABLE OF CONTENTS 

CHAPTER XII. THE STATE EXECUTIVE — 
ELECTIVE OFFICERS AND BOARDS 

SECTION PAGE 

124. Introductory 184 

125. Classification of State Executive Officers and Boards . . 184 

126. Terms of Office, Official Bonds, and Vacancies .... 185 

127. The Governor . . .185 

1. The Executive Duties of the Governor .... 185 

2. The Legislative Powers of the Governor .... 188 

3. The Judicial Power of the Governor . . . . .189 

128. The Lieutenant Governor 189 

129. The Secretary of State 189 

130. State Revenues 190 

131. Summary of State Revenues . 193 

132. The State Board of Equalization 194 

133. The Controller . .197 

134. The Treasurer 201 

135. The State Board of Control . ' . . . . . .202 

136. The Superintendent of Public Instruction 204 

137. The Surveyor-General 205 

138. The Attorney- General 206 

139. Salaries and Office Help 207 

CHAPTER XIII. THE STATE EXECUTIVE — 
APPOINTIVE OFFICERS AND BOARDS 

140. The Railroad Commission 209 

141. The Superintendent of Banks 214 

142. The Insurance Commissioner 217 

143. The Building and Loan Commissioner 220 

144. The Commissioner of Corporations 222 

145. The Department of Engineering 223 

146. Harbor Commissioners 226 

147. Other Harbor Officials 227 

148. The Department of Forestry 228 

149. State Department of Weights and Measures . . . 229 

150. The State Water Commission 230 

151. The State Mining Bureau, and Mineral Cabinet . . . 232 

152. The Fish and Game Commission 232 

153. The Horticultural Commissioner • 234 

154. The State Veterinarian . . 237 

155. The State Board of Agriculture 238 



TABLE OF CONTENTS II 

SECTION PAGE 

156. The State Dairy Bureau- 239 

157. The Labor Commissioner 240 

158. Industrial Commissions 241 

159. The State Board of Health 244 

160. The State Board of Pharmacy .246 

161. Boards of Examiners 247 

162. State Hospitals 248 

163. State Prisons 250 

164. The Bureau of Criminal Identification 251 

165. State Reform Schools . ... . . . . .252 

166. The Institution for the Deaf and the Blind .... 253 

167. The Industrial Home for the Adult Blind 254 

168. The State Board of Charities and Corrections .... 254 

169. The Commission of Immigration and Housing .... 256 

170. The Veterans' Home of California 257 

171. The Women's Relief Corps Home 258 

172. The State Library 258 

173. The Superintendent of State Printing 259 

174. The Superintendent of the Capitol and Grounds . . . 259 

175. The Code Commission . 259 

176. State Landmarks 260 

177. The State Civil Service Commission 261 

178. Conclusion 262 



CHAPTER XIV. THE STATE SCHOOL SYSTEM 

179. Introductory .269 

180. School Districts 269 

181. Union Districts 270 

182. School Boards 271 

183. Teachers 272 

184. Pupils 272 

185. High Schools 273 

186. The County Superintendent of Schools 274 

187. The County Board of Education 275 

188. The State Superintendent of Public Instruction . . . 276 

189. The State Board of Education 277 

190. School Finances 279 

191. State Normal Schools 282 

192. The State Polytechnic School 282 



12 TABLE OF CONTENTS 

SECTION PAGE 

193. The State University . . . . - 283 

194. Conclusion 283 

, CHAPTER XV. THE STATE JUDICIAL SYSTEM 

195. The Purpose of the Courts 285 

196. The Difference between Civil and Criminal Cases . . . 286 

197. Kinds of Civil Cases 287 

198. The Steps in a Civil Suit 289 

1. The Pleadings 289 

2. Provisional Remedies 290 

3. The Trial 290 

4. Judgment and Execution 291 

199. Appeals in Civil Cases 291 

200. Kinds of Criminal Cases 292 

201. Steps in a Criminal Case 293 

1. The Arrest 293 

la. The Examination 293 

lb. The Indictment 294 

3. The Arraignment 29$ 

4. The Trial 295 

5. Judgment and Execution 295 

202. Appeals in Criminal Cases 296 

203. The State Courts 297 

204. The Inferior Courts 297 

1. Township Courts 297 

2. Municipal Courts 298 

3. The Jurisdiction of Inferior Courts 298 

205. The Superior Courts . .301 

206. Court Commissioners 305 

207. The Grand Jury .306 

208. Trial Juries 308 

209. Miscellaneous Points respecting Juries 309 

210. The Juvenile Court 310 

211. County Law Libraries 314 

212. The Higher State Courts 315 

1. The District Courts of Appeal . . . • . . . 315 

2. The Supreme Court 316 

3. The Jurisdiction of the Higher Courts .... 319 

213. The Senate as a Court of Impeachment 320 

214. Miscellaneous Matters 321 



TABLE OF CONTENTS 13 

CHAPTER XVI. THE CONSTITUTION OF CALI- 
FORNIA 

215. The Making of the Constitution 324 

216. Contents of the Constitution 325 



APPENDIX 

A. Act for the Admission of the State of California into 

the Union .....:.... 421 

B. Districts into which the State is Divided 

I. Assembly Districts 423 

II. Senatorial Districts ........ 424 

III. Congressional Districts 424 

IV. Equalization Districts 425 

C. Counties of California 

I. Counties in the Order of their Creation .... 426 

II. Counties in the Order of their Population . . . 428 

D. Outline of the Los Angeles County Charter; Outline 

of the Charter of San Bernardino County . . 429 

E. Outlines of City Charters 431 

I. Special Charters 432 

II. Class Charters 434 

III. Freeholders' Charters . . . . . .435 

INDEX . 460 

SUPPLEMENT . 465 



CIVIL GOVERNMENT IN CALIFORNIA 
CHAPTER I 

THE SCOPE OF GOVERNMENT 

1. Different Views as to the Scope of Government. — 

Government exists in order that public wants may be sat- 
isfied, that public interests may be advanced, and that 
rules for regulating the conduct of individuals in their deal- 
ings with one another may be established and enforced. 
There is much difference of opinion as to the extent to 
which these functions should be pursued. 

The individualist believes that governmental activity 
should be restricted to the satisfaction of the most obvious 
public wants, such as the preservation of order, the sup- 
pression of crime, and the protection of guaranteed consti- 
tutional rights ; that in the advancement of public interests 
government should concern itself only with those lines of 
action which interfere least with private enterprise, such 
as the maintenance of roads, the improvement of rivers 
and harbors, and the encouragement of agriculture, indus- 
try, and commerce ; and that in regulating the conduct of 
individuals toward one another, government should inter- 
fere as little as possible with personal freedom, confining 
its scope to such matters as the settlement of disputes, the 
enforcement of contract rights, and the establishment of 
general rules for the transaction of business. This belief 
is known historically as the doctrine of laissez faire. 

is 



1 6 THE SCOPE OF GOVERNMENT 

On the other hand the socialist believes that society, 
through its agent, government, should extend its activities 
so as to include practically all the economic enterprises 
now conducted by individuals. 

Between these two groups lies the great mass of citizens, 
who, adopting no fixed rule, would have the question of the 
government's function in any particular case settled by the 
merits of the case itself. 

2. The Attitude of European Government toward In- 
dustry. — During the Middle Ages, and until the latter 
part of the eighteenth century, business of all kinds in 
Europe was strictly regulated by law. This was not diffi- 
cult, because there were no large accumulations of capital 
under the control of small groups of men. Private corpora- 
tions did not become prominent in the business world until 
the end of the eighteenth century, except the great trading 
companies of an earlier date; but, with the enormous ex- 
pansion of business during the nineteenth century, they 
multiplied to such an extent that most of the business 
of the civilized world is now conducted by them. This 
means that business is now controlled by comparatively 
few men. These men exert great influence in politics. 
They in general believe in the doctrine of laissez faire 
and do all in their power to prevent the regulation of 
business by city, county, state, and national governments. 
Toward the end of the eighteenth century England dis- 
continued the strict control which she had previously 
exercised over private business. Frightful abuses in fac- 
tories and mines soon appeared, and during the nineteenth 
century Parliament was compelled by public opinion to 
pass many laws for the regulation of trade and industry. 
These laws regulate the employment of women and chil- 



LAISSEZ FAIRE IN THE UNITED STATES 17 

dren in mines and manufacturing establishments, protect 
the health of employees by providing for proper sanitary 
conditions, regulate transportation by land and sea, and in 
many other ways testify to the fact that the doctrine of 
laissez faire, after a short trial, has been abandoned in 
England. This doctrine never gained the foothold on the 
continent of Europe that it did in England, and trade and 
industry are even more strictly regulated there. 

3. Laissez faire in the United States. — Nowhere in 
the civilized world has the doctrine of laissez faire ruled as 
it has in the United States. Three reasons may be men- 
tioned for this : 

1. The first is our love of liberty. This has caused us 
to be imposed upon by the absurd notion that every per- 
son should be permitted to conduct his own business exactly 
as he sees fit. Community rights as against the aggression 
of private individuals have never been fully appreciated in 
our country. Private business is sometimes detrimental 
to the public because of its nature, like the liquor business ; 
and sometimes it imposes on the public because of the 
manner in which it is conducted, like the railroad business 
when its charges are unfair. In either case the community 
has a right to interfere, either to regulate or to prohibit. 

2. The second reason why the doctrine of laissez faire 
has ruled so strongly in the United States is the abundance 
of our natural resources in land, timber, fish, game, water, 
oil, and the untold wealth of the mines. These things, 
which are the basis of our greatness, have been so abundant 
that we have followed the policy of permitting finders to be 
owners, with very little regulation on the part of the govern- 
ment. Vast fortunes have been made in lumber, coal, oil, 
salt, copper, and water power, by a few men in each case, 

CIVIL GOV. IN CAL. 2 



18 THE SCOPE OF GOVERNMENT 

who have been permitted to seize what belonged to the 
whole people and sell to the people at exorbitant prices. 
The fact that we have followed a laissez /aire policy in the 
exploitation of our natural resources has been one of the 
strong influences in causing us to follow the same policy in 
respect to all other lines of business. If the oil business or 
the coal business is permitted to run without interference 
on the part of the government, the same privilege should 
be accorded to the manufacturing business, the meat 
packing business, etc. ; for all these lines of industry are 
very closely connected one with another. 

3. Our federal plan of government is another reason 
why the doctrine of laissez faire has obtained so strongly 
in our country. The national government can regulate 
only interstate business, while each state has the power 
to regulate business within its borders. This overlapping 
of authority has caused no small degree of uncertainty in 
the minds of legislators with respect to the exact limits of 
national and state powers. Largely because of this un- 
certainty, corporations engaged in interstate business have 
escaped adequate regulation. It is significant that when the 
national government undertakes to impose regulations upon 
any great business interest, the men affected raise the cry 
of states' rights. This explains why we are hearing more 
about states' rights * now than at any other time since the 
slave interest, by raising the same cry, attempted to escape 
regulation on the part of the national government. 

4. Government Regulation of' Industry in the United 
States. — Toward the end of the nineteenth century pub- 

1 For example, interests opposed to the conservation of our natural resources are 
now advocating the theory that conservation should be looked after by the several 
states, and that the federal government should surrender to the states all its claims 
to the lands containing timber, mineral deposits, water power sites, etc. 



GOVERNMENT REGULATION OF INDUSTRY 19 

lie opinion in our country began to favor government 
regulation of private business ; and during the last twenty 
years many laws with this end in view have been enacted 
by Congress and the various state legislatures. To the 
same end cities and counties have enacted numberless local 
ordinances. Laissezfaire has proved a failure here as in Eng- 
land, and very few disinterested persons still believe in it. 

The scope of governmental activity is steadily widening, 
because the realm of public wants and interests is widening. 
Many things that were formerly considered as private 
affairs are now considered public in character. Further- 
more, as life becomes more complex, and people become 
more and more dependent upon one another, government 
must regulate more and more minutely the conduct of 
individuals in their dealings with one another. 

The government of any community is conducted by pub- 
lic officers and employees, and is practically what they make 
it. If they fail to distinguish sharply between public and 
private interests, public wants will not be satisfied, and 
public interests will not be advanced. In these days when 
private business must be more carefully regulated than 
ever before, our public officers are subjected to greater 
temptations than ever before by men whose profits would 
be greater if the government would not interfere with their 
business enterprises. These men are in politics for the 
definite purpose of controlling public offices, and many of 
them resort to corrupt methods in order to gain their 
ends. This means that the interest of the people will not 
be properly looked after unless their officers are honest, 
efficient, and exceedingly strong. The selection of public 
officers is therefore the most important duty that devolves 
upon the voters of our country. 



CHAPTER II 
THE SELECTION OF PUBLIC OFFICERS 

5. Methods of selecting Public Officers. — Public offi- 
cers, the world over, gain their positions in three ways : 
by inheritance, by appointment, and by election. 1 In a 
republic, they gain their positions by election and by ap- 
pointment ; in an absolute monarchy, by inheritance and 
by appointment ; in a limited or constitutional monarchy, 
by all three methods. 

In choosing elective officials, two important steps are 
necessary: the nomination and the election. The nomi- 
nation is a complicated process ; but the election is quite 
simple, because all that the voters have to do on election 
day is to choose officers from the candidates previously 
nominated. The greater part of this chapter is therefore 
devoted to an exposition of the manner in which candi- 
dates are nominated. 

There are three methods of nominating candidates for 
office in common use in the United States : nomination 
by political conventions, nomination by direct primaries, 
and nomination " by petition." 

6. The Convention Method of making Nominations. — 
The convention method was the only one used throughout 
the country until recent years ; it is still extensively used, 
but is being rapidly replaced by the two other methods. 

According to this method, each political party holds a 
state convention before any state election, for the purpose 

1 Seizure of office by usurpation might be considered a fourth method. 

20 



CONVENTION METHOD OF MAKING NOMINATIONS 21 

of nominating candidates for the various offices. In like 
manner, candidates for city, county, and national offices 
are nominated by city, county, and national conventions. 
These conventions are called by party committees; that 
is, a city convention is called by the city committee of the 
party holding the convention, a county convention by the 
county committee, and so on. 

Each committee was chosen by a former convention, and 
each convention chooses a new committee to provide for 
the next convention. 

Delegates to city conventions are chosen by the voters 
of the respective political parties at primary elections. 1 
Delegates to county conventions are sometimes chosen 
at primary elections, and sometimes appointed by county 
committees. Delegates to state and congressional district 
conventions are usually chosen by county conventions; 
and delegates to national conventions, by state and congres- 
sional district conventions ; but primary elections are 
sometimes used in choosing each one of these groups of 
delegates. 

The convention method was used in California until 1909, 
but our legislature of that year passed a law providing for 
direct primary elections, and doing away with nominating 
conventions. The convention method proved unsatisfac- 
tory, especially in the nomination of candidates for state and 
local offices, because it usually resulted in the nomination 
of candidates whom the voters of the various parties did 
not want. Our public officers were often found to be more 
solicitous about the wants and interests of private indi- 
viduals and private corporations than about public wants 
and interests. The cause of this lies in the fact that 

1 Not direct primary elections. 



22 THE SELECTION OF PUBLIC OFFICERS 

nominating conventions were often controlled by men who, 
more or less secretly, represented great private interests. 

Such men are known as political bosses. The history of 
American politics abounds in the names of local, state, and 
national bosses. A boss is a party leader of a certain type. 
Every organized group of persons, whether they constitute 
a business firm, a club, a lodge, a church, or a political 
party, must have leaders; for without leaders they could 
not accomplish the purpose for which they are banded to- 
gether. A leader is one who possesses originality, who is 
willing to assume responsibility, who has enthusiasm, who 
is able to express himself with clearness and force, and who 
appears to be honest. The voters of any political party 
look to the party leaders for guidance, and will usually give 
them loyal support as long as they work together. They 
will work together best when they themselves are con- 
trolled by one mind. 

If a leader among political leaders uses his influence and 
power for the public good, we call him a statesman ; if he 
is in politics for his own advantage, or for the advantage of 
private interests, we call him a political boss. A states- 
man has principles and usually seeks office in order that he 
may put them into practice ; a boss is actuated by the desire 
to benefit the private interests which he serves, and usually 
does not seek office, for he can best attain his ends by 
naming and controlling public officials, while he himself 
remains nominally in private life. The nominating con- 
vention has been for many years the stronghold of his power. 
Through his lieutenants, — the local leaders, — in various 
counties, cities, precincts, or wards, he names the delegates 
to every convention of his party, and is thus able to place 
men of his choice in nomination for the various offices. 



ATTEMPTS TO OVERTHROW BOSSISM IN CALIFORNIA 23 

The organization which he builds up, consisting of party 
leaders, party committees, officeholders, office seekers, and 
the representatives of powerful private interests, is called 
a political " machine." 

7. Attempts to overthrow Bossism in California. — Every session 
of the legislature after 1890 witnessed some attempt to place the 
voters of California in a position to break the power of political 
bosses. Laws passed in 1895 and 1897 providing for primary elec- 
tions were declared unconstitutional by the supreme court, but 
valuable experience was gained through these attempts. A compre- 
hensive primary law was passed in 1901, which -broke up certain 
evil practices connected with the selection of delegates to party 
conventions, 1 but failed to accomplish the one great purpose 
for which it was intended. It provided that all delegates to all party 
conventions representing the people of any city which contained a 
population of seventy-five hundred, according to the census of 
1900, should be elected directly by the voters. The law was thus man- 
datory in the twelve largest cities of the state ; but any other city or 
county that chose to do so could take advantage of its provisions. It 
failed of its purpose because it demanded too much of the voters. 

A voter on primary election day was called upon to vote for ten, 
fifteen, twenty, or possibly thirty delegates to this or that convention 
of his party. The law permitted him to write the required number of 
names on his ballot, but this he seldom did for the reason that he 
could not do so without a great deal of previous preparation. Few 
voters went to the polls prepared to vote. But the political " ma- 
chine " was not so neglectful. It systematically prepared in advance 

1 Political bosses often procured the selection of such delegates as they desired 
by causing groups of voters to go from one precinct to another, or *even from one 
city to another, to participate in party caucuses and primaries ; and voters were fre- 
quently induced to participate in the primaries of parties other than their own. The 
law of 1 90 1, requiring that all parties should hold their primaries on the same day, 
that such elections should be conducted in the same manner as regular elections, 
that none but registered voters- could vote, and that the name of every person who 
voted and the name of his political party should be kept, and providing severe pun- 
ishments for those who committed frauds at primary elections, — put an end to 
these gross practices. This considerably weakened, but did not overthrow, boss 
rule. 



24 THE SELECTION OF PUBLIC OFFICERS 

lists of names for the voter's use. These lists were printed on slips 
of paper of convenient size and prepared with an adhesive substance 
on the back, like a postage stamp. All the voter had to do was to 
paste one of these lists on his ballot, and this was practically all he 
could do. Thus the delegates to party conventions were still really 
selected, in our larger cities, by the political " machines," which were 
parts of a great " machine " dominating the politics of the state. 
In other parts of California they were selected as party committees 
directed. These committees were uniformly made up of " machine " 
men. 

Although the law of iqoi was inadequate, it gave more power to 
the voters than they had previously possessed ; and it should be 
regarded as an important step in the struggle against boss and " ma- 
chine " rule in California, for through it the people who favored reform 
in state and local politics were able to elect a majority of the members 
of the legislature in November, 1908. 

8. The California Direct Primary Law. — Following the 
example of the lawmaking bodies of Oregon, Minnesota, and 
a number of other states, our legislature in March, 1909, 
passed a law providing for the nomination of candidates 
by direct primaries. 

A direct primary is an election at which candidates for 
office are nominated directly by the voters, nominating 
conventions being done away with. The law of 1909 was 
changed in some important particulars by the legislature 
in 191 1, and again in 19 13, and we shall consider it in its 
amended form. 

1 . When Primaries are Held. — A primary election is 
held throughout the state on the last Tuesday in August 
of each even-numbered year, " for the nomination of all can- 
didates to be voted for at the ensuing November election.' ' 
This provides for the nomination of candidates for all state, 
county, and township offices, as well as for the offices of 
United States senator and representative in Congress. 



THE CALIFORNIA DIRECT PRIMARY LAW 25 

A primary election is also held on the first Tuesday in 
May of every presidential election year to choose dele- 
gates to national conventions, and to give each voter an 
opportunity to designate the one he prefers as the candi- 
date of his party for the presidency. 

Most city charters contain special provisions governing 
the nomination and election of city officers. In such cities 
the state primary law does not apply in nominating candi- 
dates for municipal offices. It must be used, however, in 
cities whose charters contain no such provisions, except 
in those governed by the sixth class charter. In cities 
where the law applies, the primary election must be held on 
Tuesday three weeks before the regular municipal election. 

2. The First Steps. — In every even-numbered year, at least 
forty days before the August primary election, the secretary of state 
in Sacramento must send to the various county clerks, or to the 
registrar of voters 1 , a notice designating the offices for which can- 
didates are to be nominated. Each county clerk, or registrar of voters, 
must publish " in not more than two newspapers published in the 
county " as much of this information as is applicable to his county. 
This publication must be for two weeks beginning within ten days 
from the receipt of the notice. In case of a city primary election held 
under the state law, the city clerk must by one publication give notice 
of the election and of the offices for which candidates are to be nom- 
inated, not more than forty nor less than twenty-five days in advance. 

3. Primary Election Ballots. — Printed ballots for state 
and county elections are furnished in each county by the 
county clerk, or by the registrar of voters, and ballots for 

1 San Francisco has a special officer, known as the registrar of voters, who does 
all the work pertaining to elections that is done by county and city clerks elsewhere 
in the state. Los Angeles county has also a registrar of voters. Throughout this 
chapter it should be understood that whenever county or city clerks are referred to, 
the registrar of voters is meant in so far as either San Francisco or Los Angeles 
county is concerned. 



26 THE SELECTION OF PUBLIC OFFICERS 

any city primary are furnished by the city clerk. A sep- 
arate ballot is provided for each political party, except in 
the case of city primaries. 

Any candidate may have his name printed on the ballot 
of his party by filing with the proper officer a nomina- 
tion paper containing the signatures of the required num- 
ber of voters. A nomination paper may consist of any 
number of sections, each section containing one or more 
signatures. The law provides for " verification deputies " 
to obtain and verify signatures, and no voter may sign a 
nomination paper except in the presence of one of these 
deputies. 1 No voter may sign papers for more than one 
candidate for the same office, except for offices or boards 
to which two or more are to be elected. 

Candidates for city offices must file their nomination 
papers with the city clerk at least twenty days before 
the city primary election. Those for county offices must 
file their papers with their respective county clerks at least 
thirty-five days before the August primary. Those for 
state offices, 2 and for the office of representative in Con- 
gress or United States senator, must deliver their papers to 
the clerks of the respective counties in which they are signed 
at least 'forty-two days before the August primary. 

The number of signatures obtained by any party can- 
didate for an office to be voted for throughout the entire 
state must not be less than one half of one per cent nor 
more than two per cent of the vote cast by the party in 

1 Each candidate may appoint one or more of his friends as verification deputies 
to secure signatures for him. The names of all deputies must be recorded by their 
respective county or city clerks. 

2 State officers include officers who are elected by the state at large and many 
officers who serve the state, but are elected by districts, such as members of the 
state legislature, judges of the district courts of appeal, and members of the state 
board of equalization. 



THE CALIFORNIA DIRECT PRIMARY LAW 27 

the state at the last election ; or if the office is to be filled 
by the vote of a subdivision of the state, the number of 
signatures must not be less than one nor more than two 
per cent of the vote cast by the party in that subdivision 
at the last election. This does not apply to candidates 
for judicial, school, county, township, or municipal offices, 
which are all declared by the law to be nonpartisan 
offices. 1 Any such candidate must obtain signatures equal 
in number to not less than one half of one per cent, nor 
more than two per cent, of the entire vote cast at the last 
election for the office which he seeks. 

City and county clerks must examine all nomination 
papers and must reject all that are signed by persons who 
are not registered as voters. At least thirty-seven days be- 
fore the August primary, each county clerk must send 
to the secretary of state all papers delivered to him by 
candidates for state offices, and for the office of represent- 
ative in Congress, or that of United States senator. The 
secretary of state must place these papers on file in his 
office, and at least thirty days before the primary election 
must send to each county clerk a list of all such candidates 
as are entitled to be voted for in the county. 

City clerks, from the nomination papers filed in their of- 
fices, print nonpartisan ballots to be used at city primaries. 

1 No candidate for any of these offices can be the candidate of any political party. 
He must simply offer himself as a nonpartisan candidate on his own merits. The 
term " judicial office " means the office of judge in any court from the township or 
police courts to the state supreme court ; the term " school office " includes the 
offices of state superintendent of public instruction, county superintendent, and 
school director or trustee ; the term " county, township, or municipal office " means 
any office that is filled by the vote of a county, judicial township, or city. Thus 
the offices for which persons may offer themselves as the candidates of political par- 
ties are those of presidential elector, United States senator, and representative in 
Congress, and all elective state offices, including membership in the legislature, 
except the office of judge and that of state superintendent of public instruction. 



28 THE SELECTION OF PUBLIC OFFICERS 

County clerks, from the papers filed in their offices, and 
from notices sent out by the secretary of state, print the 
ballots to be used at the August state and county pri- 
mary. The name of each candidate is printed on the ballot 
of his political party, except that the names of all candi- 
dates for judicial, school, county, township, and municipal 
offices are printed on the ballot of every party. 

The law of 1909 provided that the names of candidates for each 
office should be printed in alphabetical order ; but the amended law 
provides for a rotation of names of all candidates (except for county 
and municipal offices), that are to be voted for in more than five as- 
sembly districts. 

There are eighty districts in the state, numbered from one to eighty, 
beginning at the northern end of the state. The names of candidates 
for offices that are voted for by the state at large, must be arranged 
according to the respective offices, in alphabetical order, on the bal- 
lots that are used in assembly district number one. In each succeed- 
ing assembly district, the list for each office is changed in order by 
placing first the name which appeared last on the ballot for the pre- 
ceding district, the remaining names always following in the same order 
as before. The names of candidates that are voted for by large 
• subdivisions of the state, or by counties that contain more than five 
assembly districts, are similarly rotated according to assembly dis- 
tricts. The names of candidates for the offices of state senator and 
assemblyman, for any municipal office, or for any office in any 
county which is not divided into assembly districts, or which con- 
tains less than five such districts, are printed in alphabetical order. 

4. The Voter at the Primary. — The voter on primary 
election day enters the polling place and gives his name to 
the election officers. If they find his name on the list of 
registered voters, he signs the " roster of voters " and 
writes after his name the name of his political party, if he 
is registered as a member of any party. 1 He is given a 

1 In order to vote at the primary, he must have registered in the office of the 
county clerk at least thirty days before the primary. He cannot participate in 



THE CALIFORNIA DIRECT PRIMARY LAW 29 

ballot with the name of his party printed at the top, and 
retires to a booth to vote in secret. If his registration 
shows that he is not affiliated with any party, he is given 
a ballot which contains only the names of candidates for 
judicial, school, county, township, and municipal offices. 
This nonpartisan ballot is an exact duplicate of the right- 
hand or nonpartisan section of each regular party ballot. 
A part of the sample ballot which accompanies the direct 
primary law is shown on page 30. 

If the entire ballot could be given, it would be seen to 
contain the names of the candidates for all elective state 
and county offices, and for the offices of United States 
senator ' and representative in Congress. It should be ob- 
served that a voter may ignore all candidates for any office, 
whose names are printed on the ballot, and may write the 
name or names of his choice in the space or spaces pro- 
vided for the purpose. 

5. The Result. — Returns from city primaries are sent 
in each case to the city clerk to be canvassed by the city 
council or board of trustees. Returns from the August 
primaries are sent to the various county clerks to be can- 
vassed by the respective boards of supervisors, except in 
San Francisco, where they are sent to the registrar of 
voters to be canvassed by the board of election commis- 
sioners. County clerks report to the secretary of state 
as to the number of votes received by each candidate for a 

the nomination of any party candidate, or in the election of the members of any 
party committee, unless he is found to be registered as a member of the party in 
question. 

1 The adoption of the seventeenth amendment to the national Constitution re- 
quires United States senators to be elected by the voters of the respective states. In 
California they are nominated and elected like any state officer who is elected by the 
state at large. The legislature has conferred upon the governor the power to fill any 
vacancy that may occur until the next election. 



3° 



THE SELECTION OF PUBLIC OFFICERS 



OFFICIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Forty-Eighth Assembly District, August 25, 1914 



To vote for a person whose name 
to vote. To vote for a person whose 


appears OB the ballot, stamp a cross (x) in the square at the RIGHT of the name of the person for whom you d 
same is not printed on the ballot, write bio name in the blank spaoe provided for that purpose. 




STATE 


CONGRESSIONAL 


1 JUDICIAL 


County Clerk Vote for On* 


Governor Vote for One 


United States Senator Vote for One 


Chief Justice Sup. Court Vote for One 


S. R. MALLORY 




RICHARD ROE 




CHARLES N. HART 




WALTER WILTER 




james b. Mccreary 




HENRY BROWN 




WALTER BROWNLOW 




JOSEPH JENNINGS 




ASBURY C. LATTIMER 




JOHN DOE 




CASSIUS N CLAY 




THOMAS MERTON 




















Auditor Vote for One 


Lieutenant Governor Vote for One 


Representative in Congress 

8th District Vote f 




Associate Justice Sup. Ot. Vote for Two 


JOHN W DANIEL 














M. J. FOSTER 






PETER PETERSON 














JOHN M. PATTERSON 






BASTICK BOYLAN 










SAMUEL SNOW 




J. F ALLEE 






HENRY HUDSON 












CLARENCE D CLARK 












Secretary of 8tate Vote for One 


LEGISLATIVE 










JOHN TOURTILLOTTE 








Treasurer Vote for One 






ALBERT BERG 




48th District Vote for One 


Judge of the District Court of Appeal, 


FRED T. DU BOIS 




PETER E HANSON 




PETER PETERSON 




> j O ul' M 


AUGUSTUS BACON 




. 








ANDREW ANDERSON 




' 


JAMES H BERRY 










Controller Vote for One 


GEORCE CAUGHEY 














THOMAS THOMPSON 










Assessor Vote for One 


71 — This — tw 






Delegate to State Convention 
17th Senatorial District 

Vote for One 


Judge of the Snpe or t. o 


J S. SPOONER 






GEORGE BUNN 








E. G. NEWLANDS 














WILLIAM S. STOKES 






E. W PETTUS 










Treasurer Vote for One 


AMOS STRONG 




















THOMAS McCALL 


HENRY SAMPSON 




Tax Collector Vote for One 






A Y CHILTON 




COUNTY COMMITTEE 




KNUTE NELSON 








SAMUEL JOHNSON 




Members County Central 

Committee Vote for Three 




REDFIELD PROCTOR 














E W CARMACK 






JOHN T. HUNT 




Justice of the Peace Vote for Two 


Attorney General Vote for One 


JOSEPH T JOHNSON 




THOMAS SULLIVAN 








GEORGE P WILSON 




H L. MAYNARD 




PETER HEPBURN 




Recorder Vote for One 






C. M. DE PEW 






E S. MINOR 




CLAUDE SWANSON 








CHARLES W FULTON 






H. D ROBINSON 














THOMAS H CARTER 






EDWARD F STEVENS 




Surveyor General Vote for One 














FRANK WHEATON 








SCHOOL 


Public Administrator Vote fc 


,0. 


MICHAEL KERNAN 








Supt. of Pub. Instruction Vote for One 


H M TELLER 




JOHN P WALKER 






CHARLES N. STOVER 




J W BAILEY 










FRANK N KENDALL 









THE CALIFORNIA DIRECT PRIMARY LAW 31 

state office, as well as for the offices of representative and 
United States senator. The person receiving the highest 
vote of each party for any office is the candidate of the party 
for the office. In the case of a judicial, school, county, 
township, or a municipal office, a number of persons receiv- 
ing the highest vote, equal to twice the number to be 
elected, are the candidates ; provided that if only one person 
is to be elected and if any candidate receives a clear ma- 
jority of all votes cast for the office, he is elected to the 
office. In case of partisan offices, candidates may be 
nominated after the primary by petition. 

6. Party Committees and Conventions. — The primary law 
provides for county and state committees and for state con- 
ventions of political parties. The members of county com- 
mittees are nominated and elected in the same manner as 
county officers, except that they are chosen by the respec- 
tive political parties. Each county committee has charge 
of the political campaign of the party in the county under 
the general supervision of the state committee. This is its 
only duty. Each party must hold a state convention on 
the third Tuesday in September after every August primary 
election. Every such convention meets to draw up a state 
platform, to choose a state committee, 1 and to nominate 
candidates for the office of presidential elector in presidential 
election years. 2 Each state convention is composed of the 

1 Each state committee consists of three members from each congressional district. 
The duty of any such committee is to manage the campaign for the party, collecting 
money from those who are willing to contribute and sending out speakers and printed 
matter ; and to have general control of the party's interests. 

2 As California is entitled to choose thirteen electors, each party nominates that 
number of candidates. Their names are reported by the secretary of state to the 
various county clerks, and are printed on the ballots used at the November election. 
Each voter votes for the entire thirteen, as electors are chosen by the state at large, 
and not by districts. 



32 THE SELECTION OF PUBLIC OFFICERS 

successful candidates of the party at the primary election 
for nomination to the various state offices, except judicial 
and school offices, including those to be voted for by sena- 
torial, assembly, and other districts ; and, in addition, one 
member elected by each senatorial district which will not 
elect a state senator at the November election. 1 

7. Special Provisions. — (a) If a person whose name 
was not printed on the primary election ballot is nominated 
at the primary, and later withdraws as a candidate, the 
vacancy cannot be filled. " In all other cases, vacancies 
occurring after the holding of any primary election may be 
filled by the party committee of the city, county, or state, 
as the case may be." 

(b) If in any case a primary results in a tie vote, the can- 
didate is selected by lot from the persons receiving the tie. 

(c) Provision is made whereby contests that arise as to 
the result of any primary may be settled in court. 

{d) Money must not be spent by or for any candidate 
for campaign purposes except for definite things mentioned 
in the law; and within fifteen days after each primary 
election every candidate for a nomination must file with 
the officer with whom his nomination papers were filed, a 
statement showing in detail the amount spent by him 
and others, in support of his candidacy. This statement 
must be sworn to and a copy must be filed with the county 
recorder, who must keep a permanent record of it. 

(e) Any organization of voters may participate as a po- 

1 The state is divided into forty senatorial districts, numbered from one to forty, 
beginning at the northern end of the state, for the purpose of electing state senators. 
Each senator is elected for four years. All odd-numbered districts elected senators 
in 191 2 ; even-numbered districts will elect in 1914 ; odd again in 1916 ; and so on. 
Delegates to the state convention from the districts that are not electing senators 
are nominated and elected in the same manner as senators. 



NONPARTISAN DIRECT PRIMARIES 33 

litical party in any primary election : (1) if it participated 
as a party at the last general election and gave to any one 
of its candidates, voted upon throughout the state, at least 
three per cent of the entire vote cast in the state ; (2) if 
by the fiftieth day before the primary, at least three per 
cent of the registered voters of the state have registered as 
members of such party ; or (3) if by the fiftieth day before 
the primary a petition signed by voters equal in number 
to at least three per cent of the vote cast throughout the 
state at the last election, is presented to the secretary of 
state, stating the purpose of the signers to form a new 
political party. Any new party thus formed must not 
adopt a name so resembling the name of any existing party 
as to mislead voters. 

Such are the main features of the direct primary law. 
Many details have, of course, been omitted in this sum- 
mary, which may be ascertained by reference to the law 
itself. 

9. Nonpartisan Direct Primaries. — No one could be 
nominated to any office under the original direct primary 
law of 1909 except as a candidate of some political party. 
In 191 1 the law was amended so as to make judicial and 
school offices nonpartisan; and in 19 13 it was further 
amended, adding county, township, and municipal offices 
to the nonpartisan list. This law has at no time applied 
to any city whose charter provided a method for nominating 
and electing officers, and most of our larger cities during 
the past five or six years have nominated candidates for 
their municipal offices by means of nonpartisan direct 
primaries provided for in their charters. In order 
to be a candidate in any such city, one must file with the 
city clerk, at the time designated in the charter, a nomi- 

CIVIL GOV. IN CAL. % 



34 THE SELECTION OF PUBLIC OFFICERS 

nation petition (or individual nomination papers), signed 
by the required number of voters. Only one kind of bal- 
lot is used at the primary election. On it the names of all 
candidates are printed in alphabetical order, according to 
the respective offices, and no reference to political parties 
is permitted. 

In some cities, 1 the candidate receiving a majority vote 
in the election, is forthwith declared to be elected. In 
these cities this election is called the " first " rather than the 
primary election. If any office is not filled by this election 
because of the fact that no candidate receives a majority 
vote, a second election is held two or three weeks later to 
choose between the two candidates receiving the highest 
vote. 2 

In other cities, 3 the first election is a true primary elec- 
tion, since the two candidates for each office receiving the 
highest vote are nominated for the office, even though one 
may have received a majority vote. In these cities, all 
elective officers are chosen at the " general " municipal 
election occurring two or three weeks after the primary. 

Since at the " second " or general election there can be 
no more than two candidates for each place to be filled, 
there can be no " three-cornered " contests, and any one to 
be elected must receive a majority vote. 4 

1 San Francisco, Los Angeles, Sacramento, Stockton, Berkeley, Modesto, Santa 
Cruz, Vallejo, Long Beach. 

2 If more than one person is to be elected to any office, as that of city councilman 
or school director, the number of candidates nominated at the primary election is 
twice the number to be elected. 

3 Oakland, San Diego, Richmond, Pasadena. 

4 A system of voting known as " preferential voting " is provided for in the char- 
ters of Grand Junction, Colorado, and of Spokane, Washington. This system does 
away with the first or primary election, the work of choosing all elective officers 
being accomplished by one election. The voter indicates his first and second choice 
for each office to be filled ; and, if there are more than two candidates, he may also 



NOMINATION BY PETITION 35 

10. Nomination by Petition. — It has been pointed out 
that no one may be nominated under the direct primary 
law for the office of United States senator or that of 
representative in Congress, or for any state office, other 
than judicial and school offices, except as a candidate of 
some political party. Section 1188 of the Political Code 
provides a method whereby one may become a candidate 
for any one of these partisan offices, independent of all 
parties. This method is known as nomination "by peti- 
tion/' for by it the candidate gets his name printed 
on the ballot used at the regular election by means of 
a nomination paper, or petition, and not by direct 
primary election. The paper or petition must be 
signed by voters " equal in number to at least three per 
cent of the entire vote cast at the last preceding general 
election in the state, district, or political division, for 
which the nomination is to be made." The petition must; 
like nomination papers under the direct primary law, be 
filed with city or county clerks, or with the secretary of 
state, according as the office in question is a city, county, 
or state office. 

The time limit for filing the petition is from sixty to thirty- 
five days before the regular election, in case they are to 

indicate his third choice. Any candidate receiving a majority of first-choice votes is 
elected. If no one receives such a majority, the second-choice votes are added to 
those of the first-choice. If any office is still unfilled because no candidate has 
received a majority, the third-choice votes are also added, and the one receiving 
the highest vote is elected. The plan so far has worked well in these two cities. 
Good men have been elected to office, and the agitation and expense incident to a 
second election have been avoided. The legislature of 1913 passed a law providing 
a system of preferential voting for any city that decides by ordinance to use it. 
Such an ordinance may be adopted by the council or by the voters. The system 
must also be used at any election if at least sixty days before the election thirty 
per cent of the voters so petition the council. According to the plan any voter 
may express his or her first, second, and third choices for each office. 



36 THE SELECTION OF PUBLIC OFFICERS 

be filed with the secretary of state ; or from fifty to twenty 
days before the election in case they are to be filed with a 
city or county clerk. No one may be nominated to any 
office by this method, who has tried and failed to secure 
the nomination to the same office by some political party 
at the primary election ; and no one who has voted at the 
primary as a member of any party may sign a certificate 
of nomination for an independent candidate. 

A few cities 1 provide in their charters that candidates 
for their municipal offices shall be nominated only by this 
method. That is, no municipal primary elections are held 
in these cities, but the names of candidates for each office 
are printed alphabetically on the general election ballot 
without any party designations, on petition of the required 
number of voters. Under such conditions a plurality 
elects. 2 

11. The Election of Officers. The nomination of can- 
didates is only a means to an end. The election which 
follows eliminates all but a sufficient number to fill the 
various offices. A general election is held throughout the 
state to choose state, county, and township officers on the 
first Tuesday after the first Monday in November of each 
even-numbered year. These officers are elected for four 
years, and most of them are chosen in the years 1910, 1914, 
etc. ; but some of our judges and county supervisors are 
chosen in the intervening even-numbered years. Also 
at each election representatives in Congress are chosen to 
serve for two years, and in the years 191 2, 1916, etc., presi- 
dential electors are chosen. Furthermore, United States 

1 Alameda, Monterey, Pomona, San Rafael, and San Luis Obispo. Sixth-class 
cities also nominate candidates for their municipal offices by this method. 

2 This method may be used also for any nonpartisan office in case no candidate 
was nominated at the primary. 



THE ELECTION OF OFFICERS 37 

senators are chosen at this election to serve for six years 
as vacancies occur. 

Twenty-five days before the November election, the 
secretary of state must send to each county clerk a certif- 
icate giving the names of all candidates for the office of 
United States senator, the office of presidential elector, the 
office of congressman, and for such state offices as are to 
be voted for in the county. From this certificate and from 
the list of candidates for county and township offices on 
file in his office, the clerk prints a sufficient number of bal- 
lots to be used at the election. The names of all candidates 
to be voted for in any precinct are printed on the same bal- 
lot, the candidates for each office being arranged alphabet- 
ically, or in accordance with a general plan of rotation, as 
on the primary election ballot. After the name of each 
candidate who secured his nomination through some polit- 
ical party, the name of the party is indicated. 

Each county is divided into election precincts by the 
board of supervisors, and both primary and general elec- 
tions are conducted at the polling places in the various 
precincts, by election officers chosen by the supervisors. 
Two inspectors, two judges, and two clerks comprise the 
election officers at each polling place. 1 They constitute 
an election board to decide disputed points. 

The polls are open from 6 a.m. to 7 p.m. After the 
polls are closed, the votes are counted and are sent, to- 
gether with the tally sheets, to the office of the county 
clerk. Here they are canvassed by the board of super- 
visors. Successful candidates for county and township 
offices are notified of their election by the county clerk, 

1 One inspector, one judge, and two clerks may be appointed for any precinct 
having less than seventy-five voters. 



38 THE SELECTION OF PUBLIC OFFICERS 

and the result of the vote for state and national officers is 
sent to the secretary of state. 

The expense of conducting the election in each county, 
even though state and national officers, as well as county 
and township officers, are elected, is paid from the county 
treasury, 1 except that the paper used in printing the ballots 
is furnished by the secretary of state. 

Municipal elections are held in each city at the time 
specified in the charter. They are conducted in all respects 
like general state and county elections, except that the city 
clerk and city council are substituted for the county clerk 
and county supervisors. All election expenses are paid from 
the city treasury, 1 except that the ballot paper is furnished 
by the secretary of state. 

It should not be thought that general state and county 
elections are conducted in the various cities by the city 
officials. They are conducted throughout each county by 
county officials, irrespective of city boundary lines. 

12. Pre-primary Conventions. — Although political con- 
ventions have been deprived of the power to nominate can- 
didates for office, there is nothing in the law which forbids 
them to suggest candidates to the voters. Any party or any 
faction of a party, may hold a convention before a primary 
election for the purpose of agreeing upon a list of candidates. 

Since the law makes no provision for such conventions, there is 
no special method according to which their delegates must be chosen. 
This means that they are chosen as party committees or other leaders 
may direct. The Lincoln-Roosevelt League was an organized fac- 
tion of the Republican party, which in the spring of jqio nominated 
a complete state ticket, and at the primary election completely de- 
feated the " regular " Republican organization. After that the 

1 This, of course, does not include the campaign expenses of candidates. 



THE SHORT BALLOT 39 

League, as such, took no prominent part in politics, because its 
former leaders had come into control of the Republican party organi- 
zation. The candidates selected by the Democratic party at the pri- 
mary election in 19 10 were suggested by a pre-primary convention 
held in the spring. 

Pre-primary conventions seem to be a necessity. The 
average voter cannot give sufficient time to politics to pre- 
pare himself to vote intelligently at primary elections; 
and, because of the number of candidates to be nominated, 
he would be helpless without the aid of political leaders. 
The leaders of any party or any faction cannot give this 
advice until they have agreed among themselves, and in 
order to reach an agreement they must get together. The 
meeting may be a party convention of several hundred del- 
egates, or an informal gathering of a few men who agree 
in their political views; and the confidence which they 
are able to inspire in the voters will determine the measure 
of support which their candidates will receive. 

13. The Short Ballot. — At the regular state and county 
election (November, 1910, 1914, etc.), a voter is called 
upon to vote for about forty candidates for office. These 
he must select from a list of something like two hundred 
names printed on the election ballot. 

At the preceding primary he was confronted with a ballot 
on which about one hundred and twenty names were 
printed. It is evident that no one could vote intelligently 
at either election without a great deal of previous prepa- 
ration. A majority of voters cannot make this preparation. 
The result is that incompetent and even corrupt men are 
frequently elected to office. 

The " short ballot " is suggested as a remedy for the 
difficulty. The advocates of the " short ballot" believe 



40 THE SELECTION OF PUBLIC OFFICERS 

that only the most important of our state, county, and city 
officers should be elected, and that all others should be 
appointed. Many officers are chosen to do work of a spe- 
cialized or technical character and could be more intelli- 
gently selected by one man, or a small group of men, than 
by the mass of the voters. This is true of school superin- 
tendents, engineers, surveyors, assessors, public attorneys, 
and possibly others. It will be remembered that we 
select our national officers by the " short ballot " method, 
as only the President, Vice President, and the members of 
Congress are elected, — all others, numbering into the 
thousands, being appointed. Political bosses and profes- 
sional politicians do not believe in the principle of the 
" short ballot," because much of their influence depends 
upon the helplessness of the voters at the polls when con- 
fronted with a ballot containing a bewildering number of 
names. 

14. National Conventions. — Candidates for the offices 
of President and Vice President of the United States are 
nominated by national conventions. Each political party 
holds one of these conventions in the spring of each presi- 
dential election year. The call for a convention is issued 
by the national committee of each party some six. months 
before the convention is to meet, and is sent to the various 
state and territorial committees of the party. It names the 
time and place for the meeting, specifies the number of 
delegates that each state and territory 1 may send, and gives 
general instructions as to how they shall be chosen. 

1 Although territories have no part in electing the President, they are permitted 
by the various political parties, as a matter of courtesy, to have a voice in the nomi- 
nation of candidates. The District of Columbia, Alaska, Hawaii, Porto Rico, 
and the Philippine Islands were all invited to send delegates to the Republican 
and Democratic conventions in 191 2. 



NATIONAL CONVENTIONS 41 

There is no law governing national conventions, and each 
committee, in arranging for a convention, is controlled only 
by custom and the resolutions of previous conventions. It 
is customary for each state to be directed to send twice 
as many delegates as it has senators and representatives in 
Congress ; and for each territory and island possession to 
send two, four, or six delegates according as the committee 
directs. The call usually requires that four of the delegates 
from each state shall be chosen from the state at large, and 
that two shall be chosen from each congressional district. 
In most of the states they are chosen by state and congres- 
sional district conventions, but in a few states, including Cal- 
ifornia, they are chosen by the voters at primary elections. 1 

On the first Tuesday in May, every four years, begin- 
ning in 191 2, a presidential primary election is to be held 
throughout California, for the purpose of choosing dele- 
gates to national conventions, and for the purpose of giving 
the voters of every political party in the state an opportu- 
nity to express their choice as to a party candidate for the 
presidency. 2 This primary is conducted in substantially 
the same manner as the August primary : 

1. Not later than the tenth day of March, the secretary of state 
must notify the county clerk, or registrar of voters, of each county as 
to the number of delegates that each party in the state will send to 
its respective national convention. This information is obtained 
from the calls issued by the various national committees. 

2. County clerks prepare separate ballots for each political party. 
Names of candidates for the presidency, and of those who wish to 

1 California, Oregon, Wisconsin, New Jersey, Nebraska, North Dakota, Illinois, 
Pennsylvania, and Massachusetts. They are chosen by conventions in the terri- 
tories and in the island possessions. 

2 Statutes of 191 1, Extra Session, page 85 seq. This law was amended in 1913 
in certain respects. 



42 THE SELECTION OF PUBLIC OFFICERS 

be chosen as delegates to the national convention, are printed on the 
ballot of any party, if signatures to nomination papers are obtained 
equal in number to at least one per cent of the voters of the party in 
the state. These papers are left with the clerks of the counties in 
which they are signed, and are sent to the secretary of state, who 
later reports the names of all candidates to every county clerk in the 
state. Every ballot is prepared so that the name of each candidate for 
the presidency stands at the head of a separate column, and the 
column in which the name of any candidate for election as delegate 
appears indicates his choice for President. There is, however, a blank 
column in which any voter may write the names of those whom he 
prefers as delegates, if he is not satisfied with the names printed on the 
ballot. The ballot may also contain a " no preference column," 
in which may be printed the names of candidates for the position of 
delegate, if any, who favor none of the presidential candidates whose 
names appear on the ballot. 

3. The election is conducted and the result canvassed in the same 
manner as the August primary. Each party expresses its choice 
for President, and elects its delegates throughout the state at large, 
and the names are so arranged on the ballot that a voter may vote for 
the requisite number of delegates in a group or as individuals. 

4. Miscellaneous Points. — Voters do not express their choice 
for Vice President. The law provides for verification deputies for 
the May primary, the same as for the August primary. A can- 
didate for the presidency may be represented by any organized body 
of supporters in the state who may take the necessary steps to have 
his name printed on the party ballot. After the election, the dele- 
gates chosen by each party meet and select an alternate for each one 
of their number, so that in case any delegate cannot attend the con- 
vention, his alternate will go in his place. Any candidate for the posi- 
tion of delegate may file a statement with the secretary of state, that 
if elected, irrespective of his personal preference, he will support 
at the convention the candidate for the presidency who receives the 
highest vote of his party throughout the state. 

A national convention consists of about one thousand 
delegates. It is called to order by the chairman of the na- 
tional committee, who presides until an organization is 



CONCLUSION 43 

effected. The work of the convention consists of adopting 
a party platform, which contains a statement of the prin- 
ciples for which the party expects to stand in the Novem- 
ber election; nominating candidates for the office of 
President and Vice President ; and choosing a national com- 
mittee, consisting of one member from each state. After 
the adjournment of the convention, the committee has 
charge of the campaign, collecting money from those who 
are willing to contribute to the campaign fund, and using 
the money to publish campaign literature and send out 
speakers. After the election, the committee has nothing 
to do until the time for calling the next convention arrives. 
15. Conclusion. — If a republic is to endure, its govern- 
ment must represent the opinions and desires of a majority 
of its voters. A government which does not do this may be 
a monarchy or an oligarchy, but it is not a republic. There 
can be no doubt that many of our states, counties, and cities 
have been, and are now, governed by officers representing, 
not the people, but a small fraction of the people, — those 
who own and control the great corporate interests of the 
country. There ought to be no conflict between our cor- 
porate interests and the masses of the people. There 
would be none, if the corporate interests had used legiti- 
mate methods in conducting their business enterprises. 
But many of them have not used legitimate methods. They 
have seized property which belonged to the whole people ; 
they have secured franchises at a small fraction of their 
value ; they have formed monopolies by driving competi- 
tors out of business, and have charged exorbitant prices 
for the necessities of life. To do these things, it was 
necessary for them to control our governments; and this 
they have done through the aid of political bosses. The 



44 THE SELECTION OF PUBLIC OFFICERS 

problem of the present is that of making our national, state, 
and local governments truly representative of the people. 
This is the same thing as saying that the political power 
now exercised by great corporate interests must be trans- 
ferred to the people. The direct primary, the initiative, 
referendum, and recall — to be considered in succeeding 
chapters 1 — are intended to aid in bringing about this 
reform. These regulations and devices are helpful, and 
will doubtless prove to be more and more valuable as time 
goes by ; but it should never be forgotten that it is beyond 
the power of men to devise measures of any kind that 
will serve as a substitute for honesty and patriotism on the 
part of the voters of a republic. 



Questions 

i. What is the essential difference between a direct primary elec- 
tion and the primary elections held in the larger cities of California 
previous to iqio? 

2. What is a nonpartisan direct primary? 

3. How would a group of men proceed to organize a new political 
party ? 

4. Why did the Lincoln-Roosevelt League cease to be active ? 

5. If pre- primary conventions may now be held, and if delegates 
to such conventions are chosen as party committees or other leaders 
direct, what has been gained by the passage of the direct primary 
law? 

6. To what extent may a pre-primary convention be influential ? 

7. What steps would one have to take to become the candidate of 
the Democratic party for any of the following offices: governor, 
state senator, United States senator, state assemblyman ? 

8. What steps would one have to take to become the candidate for 
sheriff in your county ? 

1 See §§ 69, 72, 86. (References to sections of this book are in heavy type.) 



QUESTIONS 45 

9. Why would a political boss be opposed to the principle of the 
"short ballot"? 

10. Why does a direct primary law require candidates to report 
the amount of money spent for campaign purposes ? 

11. Why is it not desirable for corporation directors to contribute 
corporation money to campaign funds ? 

12. Is it a voter's duty to vote ? Why ? 



CHAPTER III 

THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

16. Importance of State and Local Government. — The 

Constitution of the United States recognizes only two 
political units in our scheme of government: the nation 
and the state. The affairs of the nation are placed in the 
charge of the national government. These are important 
matters, although, for the most part, they influence the life 
of individual men and women only indirectly. The affairs 
of each state are of greater importance to the individual, 
because they directly influence his life at all times, whether 
he is conscious of the fact or not. They are in the charge 
of the state government, which is the constant guardian of 
our most vital public and private interests. 

The state government has its headquarters at the state 
capital, but it must have agents in all parts of the state 
in order that the state law may be enforced in every local- 
ity. Because we believe in the principle of local self- 
go vernmentj these agents are not appointed at the state 
capital, but are elected, or appointed, in the various local- 
ities. In order that they may be chosen without confusion, 
and that their powers and duties may be definitely estab- 
lished, the territory of the state is divided into numerous 
subdivisions, such as counties, townships, school districts, 
and cities. No one of these subdivisions should be regarded 
as a complete political unit. They are all parts of the 
state, as branches, twigs, and leaves are parts of a tree. 
They are created by the state and have only such powers, 

46 



THE SUBDIVISIONS OF CALIFORNIA CLASSIFIED 47 

duties, and privileges as the state confers upon them; 
and no one of them can be adequately understood unless it 
is considered in its relation to the state. 

17. The Subdivisions of California Classified. — The 
subdivisions of California may be separated into two 
classes : Class I, those which collect no taxes and own 
no property ; Class II, those which collect taxes and own 
property. 

Class I. The following are the subdivisions which collect 
no taxes and own no property : 

1. Congressional Districts. The state is divided into 

eleven. 

2. Assembly Districts. The state is divided into eighty. 

3. Senatorial Districts. The state is divided into forty. 

4. Equalization Districts. The state is divided into four. 

5. Appellate Court Districts. The state is divided into 

three. 

6. Supervisorial Districts. Each county is divided into five. 

7. Judicial Townships. Each county is divided into a 

convenient number. 

8. Road Districts. Each county is divided into a conven- 

ient number. 

9. Horticultural Districts. Each county is divided into a 

convenient number. 

There are many other such districts, but this list includes 
the most important of them. Those from 1 to 7 inclusive 
are election districts, created for the purpose of electing rep- 
resentatives in Congress, assemblymen, state senators, mem- 
bers of the state board of equalization, and other officers. 
The expense of conducting elections in these districts is 
paid from county treasuries ; and the salaries of the officers 



48 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

elected are paid, in the case of representatives in Congress, 
from the national treasury, and in the remaining cases, 
from the state and the various county treasuries. These 
districts, therefore, have no expenses to meet ; and they are 
not given the power either to levy and collect taxes, or to 
acquire property. 

Counties are divided into road districts for the purpose 
of caring for the roads, and into horticultural districts for 
the purpose of inspecting orchards, vineyards, and nursery 
stock. But the care of roads and the protection of the 
fruit industry against diseases and pests are county charges. 
These districts also, therefore, have no need of money, and 
do not possess the power to tax or to hold property. 

Class II. The most important of the subdivisions which 
collect taxes and own property are as follows : 

A . Municipal Corporations : 
i. Incorporated cities and towns. 

B. Quasi Corporations : 

2. Counties. 

3. School Districts. 

4. Irrigation Districts. 

5. Sanitary Districts ; organized to establish sewer systems. 

6. Drainage Districts ; organized to drain swamp lands. 

7. Levee Districts ; organized to build levees. 

8. Fire Districts ; organized to provide protection against 

fire. 

9. Lighting Districts ; organized to install electric lighting 

systems. 

10. Permanent Road Divisions; organized to build roads 

and bridges. 

11. Library Districts ; organized to establish libraries. 



ROAD DISTRICTS AND PERMANENT ROAD DIVISIONS 49 

The districts from 4 to 11 inclusive are organized only 
outside of incorporated cities and towns, because a city 
or town has power to provide its people with the accommo- 
dations furnished by such districts. 

Not one of the subdivisions belonging to Class II could 
do the work for which it exists without money and property, 
and hence they must all have the power to tax as well as 
the power to acquire and hold property. 

18. Road Districts and Permanent Road Divisions. — 
The difference between the subdivisions of Class I and those 
of Class II is illustrated by the difference between road dis- 
tricts and permanent road divisions. As road districts 
have no power to tax, the money spent on the roads in each 
district is derived from the general county road tax levied 
by the supervisors. If any portion of a county wishes 
the privilege of taxing itself in order to have more money 
to spend on its roads than comes to it from the general road 
tax, it may gain the privilege by organizing a permanent 
road division. A majority of the landowners living in the 
territory in question present a petition to the supervisors 
asking that the said territory be formed into a permanent 
road division. The law provides that the supervisors must 
grant the request, which they do by issuing a proclamation 
declaring the road division to be formed. After this the 
people may raise money at any time to spend on their roads 
by voting bonds or special taxes. The supervisors must 
call an election for either purpose upon the request of ten 
landowners in the district. Thus by organizing them- 
selves into a permanent road division the people gain the 
power to speak and act as a unit in the matter of road 
building, and of taxing all taxable property in the district 
for that purpose. 

CIVIL GOV. IN CAL. 4 



50 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

19. Corporations. — All the subdivisions of Class II 
are known as public corporations. An accurate under- 
standing of the character and powers of public corporations 
is necessary to every student of civil government, and 
can be acquired more readily after we have noted the char- 
acteristics of corporations in general. 

The Civil Code of California (§ 283) defines a corpora- 
tion thus : " A corporation is a creature of the law, having 
certain powers and duties of a natural person. Being 
created by the law, it may continue for any length of time 
which the law prescribes." Notice three points in this 
definition : — 

1. "A corporation is a creature of the law" A group of people 
cannot form themselves into a corporation. Men may combine 
their capital and associate together in business, but they are not a 
corporation and cannot exercise the powers or enjoy the privileges 
of a corporation, until they " incorporate " ; that is, until they receive 
the sanction of the state. In order to obtain this sanction in Cali- 
fornia they must take the following steps: (a) Form a temporary 
organization, and draw up " articles of incorporation," which must 
state the name and purpose of the proposed corporation, the place of 
business, the amount of capital stock, if any, the number of directors 
by whom the corporation is to be governed, and other details speci- 
fied in the law; (b) file the articles of incorporation in the office of 
the county clerk in the county in which the principal place of busi- 
ness is to be; (c) file with the secretary of state in Sacramento a 
copy of the articles of incorporation, paying to him at the same time the 
fee required by law, — after this the secretary of state issues a certif- 
icate of incorporation to the persons whose names are signed to the 
articles ; (d) a set of by-laws for the government of the corporation 
must be adopted, and permanent officers must be elected. This com- 
pletes the process. 

2. A corporation has "certain powers and duties of a natural 
person." It may be composed of any number of people, 1 but it 

1 There must be at least three in California. 



CHARTERS OF CORPORATIONS 51 

wills, speaks, and acts as one person. It may make contracts; 
may sue and be sued in the courts ; and may acquire, possess, and dis- 
pose of property. The word " certain " in the definition is important. 
It implies that the powers of a corporation are limited. A natural 
person may do anything not contrary to law ; but a corporation may 
do only the things that the law permits it to do. In particular it may 
engage in no other business than that for which it was created, as 
specified in its articles of incorporation. 

3. " Being created by the law, it may continue for any length of 
time which the law prescribes." This means that a corporation has 
what is called perpetual succession. The persons who compose it 
may change, but the corporation remains the same legal entity until 
it is terminated by the expiration of its term of existence, 1 or until 
it is dissolved according to law. A partnership is dissolved if one of 
the partners dies, or sells his interest in the firm, because it does not 
enjoy the right of perpetual succession ; but if all the original stock- 
holders or members of a corporation abandon the enterprise, sell 
their stock, or die, the new stockholders or members acquire their 
rights and privileges, and the law does not recognize that any change 
has taken place in the identity of the corporation. 

20. Charters of Corporations. — Incorporation is a 
voluntary act. The state will not force corporate existence 
upon a group of people. A private corporation is thus 
invariably formed at the request of its stockholders, or mem- 
bers, and its formation confers upon them powers and 
privileges which they previously did not possess. These 
powers and privileges are definitely stated in the charter 
of the corporation. The charter also serves as a constitu- 
tion for the corporation, designating what officers it shall 
have, how they shall be chosen, how long they shall serve, 
and what their powers and duties shall be. 

Until the last quarter of the nineteenth century it was 
customary throughout the United States for corporations 

1 The longest term for which a corporation may be formed in California is fifty 
years. The term may be renewed, however. 



52 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 






to receive their charters as special acts from state legisla- 
tures. At present they commonly incorporate under 
general laws according to some such procedure as that 
described above. In California private corporations must 
always be formed according to this process. The charter 
of a corporation thus formed consists of its articles of incor- 
poration and the general laws governing corporations. The 
general laws may of course be amende4 by the legislature, 
and the articles of incorporation may be amended by the 
corporation; but all amendments to the articles must be 
adopted according to state law, must be in harmony with 
the law, and must be approved by the secretary of state. 
Charters of municipal corporations will be considered in 
succeeding pages. 

21. Private and Public Corporations. — " Corporations 
are either public or private. Public corporations are 
formed or organized for the government of a portion of the 
state ; all other corporations are private." * 

Private corporations may be formed for any lawful pur- 
pose. They exist for business undertakings of every de- 
scription; for the support of churches, schools, colleges, 
and hospitals; for pleasure; for sport; and for the fur- 
therance of other enterprises almost without number. If 
the property of a private corporation is represented by shares 
of stock, the persons who compose it are called stock- 
holders ; if the property is not divided into shares the per- 
sons who compose it are called members. Private corpora- 
tions are managed by their officers, who are chosen by their 
stockholders or members, and not by the voters of any 
definitely bounded district. They have no power to tax 
the property of any district, but derive their income from 

i Civil Code of California, § 284. 



PRIVATE AND PUBLIC CORPORATIONS 53 

voluntary contributions, from assessments levied on their 
stockholders or members, or from the profits of the business 
in which they may be engaged. 

" Public corporations are formed or organized for the 
government of a portion of the state." Every public cor- 
poration is thus located within a definite district, and is 
composed of all the citizens who live in the district. Its 
affairs are managed by public officers and employees rep- 
resenting the people as a whole, and it derives its income 
mainly from taxing the property within its borders. 

A public corporation may do only the things that the 
law definitely states that it may do. The trustees of a 
school district, for example, may not spend the money of 
the district to build a road or a bridge, to give relief to the 
poor, to fight contagious diseases, or for any purpose what- 
ever, except the one purpose of educating the children within 
the district. An irrigation district may tax itself for the 
purpose of developing and distributing water, but for no 
other purpose. How, then, can it be said that a school 
district, or an irrigation district, is " formed or organized 
for the government of a portion of the state " ? Govern- 
ment is the doing of public work. Any instrument that has 
a part in the doing of public work is participating in gov- 
ernment. A school district, or an irrigation district, does 
not completely govern the people within its limits; but 
it does for them an important piece of public work, has 
an important part in their government, and for this reason 
the supreme court of California calls it a public corporation. 1 

It would not be an accurate use of language to speak of a state as 
a public corporation. A state has all the powers and privileges that 

1 See Supreme Court decisions: 93 Cal. 414; 92 Cal. 296; 51 Cal. 406; 129 
Cal. 567. 



54 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

could be granted to any corporation; but it is superior to any cor- 
poration. It creates corporations, grants to them all the powers and 
privileges that they possess, supervises and controls their actions, and 
has the power to dissolve them. The state, on the other hand, is not 
controlled by any outside authority; no outside authority has any 
legal power to dissolve it; its powers and privileges are nowhere 
definitely written down, for they are practically without limit. 1 It 
possesses a modified sovereign power, 2 and sovereign power tran- % 
scends corporate power. 

Likewise the United States possesses all possible corporate power, 
but is superior to any corporation, public or private, for it also 
possesses sovereign power. 

22. Two Kinds of Public Corporations. — Public cor- 
porations are divided into two subclasses : municipal cor- 
porations and quasi corporations. 3 

i. A municipal corporation is an incorporated town or 
city. 4 A community incorporates by obtaining a charter 
according to a process described in Chapter VIII. A mu- 
nicipal charter is a special law for a particular city, or a 
particular class of cities, which contains a statement of the 
powers that may be exercised, and the privileges that may 
be enjoyed, and an outline of the form of government. 

Every thickly settled community has wants and interests 
that a rural community does not have. But all thickly 
settled communities do not have the same wants and inter- 
ests. For these reasons rural communities and cities 
cannot be governed by the same plan, nor can all cities be 

1 The powers of a state are restricted in numerous ways by the provisions of the 
national Constitution, but they are without limit in the sense that no definite bounds 
can be set to them. See the tenth amendment to the national Constitution. 

2 Cooley, Principles of Constitutional Law, p. 34. 

3 This term must not be confused with the term quasi public corporations, a name 
given to the great private corporations which serve the public on a large scale, such 
as railroads, telephone and telegraph companies, etc. 

4 There is no difference in meaning between the words town and city as used in 
California. 



TWO KINDS OF PUBLIC CORPORATIONS 55 

governed alike. The constitution and laws of California, 
therefore, provide that each city may have a charter which 
is suited to its own peculiar needs. When we come to 
study the government of cities more in detail, we shall con- 
sider the different kinds of charters. (§ 75.) 

When a community incorporates, it acquires an individ- 
uality which sets it apart from the balance of the state 
as a separate political entity. To be sure it is a part of the 
state and in many respects acts as the agent of the state, 
but in the management of its local affairs it is regarded as 
a distinct political organism. The fact that the state con- 
fers upon it the power to manage its local affairs according 
to the terms of its charter, rather than according to general 
state law, makes of it a true corporation. 

2. A quasi corporation is not a true corporation. It is 
not incorporated and has no charter, 1 but is governed ac- 
cording to the general laws of the state. Thus all the 
counties of the state, except the incorporated city and 
county of San Francisco, and such others as have adopted 
county charters, 2 are governed according to the same 
plan. This is true also of school districts, — except those 
• whose government is modified by city charters, — of irri- 
gation districts, sanitary districts, and of every other kind of 
district belonging to Class II. A quasi corporation has no 

l A constitutional amendment adopted in 191 1 provides that any county may 
elect a board of fifteen freeholders for the purpose of drawing up a charter for the 
count} r ; and that this charter shall become the fundamental law of the county when 
adopted by the voters and ratified by the legislature. But such a charter would 
not be a true charter because it would not be a grant of power. It would provide 
for the election of a board of supervisors, and for the election, or appointment, of 
other county officers ; it would state their terms of office, and determine, or provide 
a method of determining, their compensation. But all powers to be exercised by 
the county or any of its officers must be according to general law. The possession 
of such a charter would not make a county a true corporation. 

2 Los Angeles and San Bernardino counties at present (1913). 



56 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

legal existence separate from the state. It is not a distinct 
political organism, but a part of the great organism, the state. 

A municipal corporation is always formed at the request 
of its people for the purpose of securing a local government 
to look after local affairs. Under our present constitution 
it could not be formed without their consent. 1 A quasi 
corporation is formed for the purpose of enforcing the 
general laws of the state in the locality, and it may be 
formed without the consent of the people of the locality. 
The boundaries of a municipal corporation may not be 
changed without the consent of its people, while those of a 
quasi corporation may be. These differences grow out of 
the fact that general laws will meet the needs of sparsely 
settled communities, whose public wants and interests are 
few and simple ; but that special provision must be made 
for thickly settled communities whose wants and interests 
are many and complex. 

23. Corporations Classified. — Corporations may be 
classified in many ways according to the points that one 
desires to emphasize. The following outline is intended 
to present to the eye a brief summary of what has been said 
in this chapter about corporations : 

CORPORATIONS 
I. Characteristics. 

i. They are created by the state. 

2. They have power to speak and act as one person, although 

they are composed of three or more persons. For this 
reason a corporation is said to be an " artificial person." 

3. They have perpetual succession. 

1 See Andrews, American Law, page 536 seg. See also Kahn vs. Sutro, 114 Cal. 
319. The maintenance of a municipal government is relatively more expensive 
than that of a county, and no community should be compelled to assume the burden 
without its consent. 



LOCAL SELF-GOVERNMENT 57 

II. Kinds. 

1. Private Corporations. 

a. Corporations organized for profit. 

(1) Ordinary business corporations. 

(2) Quasi public corporations. These include railroads, 

street car, telegraph, telephone, water, gas, and 
electric companies. 

b. Eleemosynary corporations. These include incorporated 

churches, private schools and colleges, and charitable 
institutions. 

c. Corporations organized for pleasure or sport. 

2. Public Corporations. 

a. Municipal corporations. These have charters and are true 

corporations. 

b. Quasi corporations. These have no true charters and are 

not true corporations. They have, however, the char- 
acteristics and some of the powers of a corporation, 
and for convenience are called public corporations. 

24. Local Self-government. — By means of public cor- 
porations we enjoy local self-government. Local self- 
government means (1) that all local (county, city, school 
district, etc.) officers are locally elected, and (2) that the 
state depends upon these local officers to enforce in the 
localities general state laws, as well as to make and enforce 
local ordinances. This makes all local officers state officers. 

Countries in which local self-government does not exist 
have what is called a centralized government. If we had a 
centralized government in Calfornia, all our local officers, 
or at least the most important of them, would be appointed 
at the state capital ; and they would not be responsible 
to the people whom they serve, but to the central authority 
in Sacramento. In each county there would probably be 
an appointed official whose consent would have to be 
obtained before the county could improve a road or build 



58 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

a necessary public building; or before any city in th? 
county could lay out a park, grade a street, or make any 
other necessary improvement. 

The Roman Empire during the last two hundred years of its exist- 
ence had a thoroughly centralized government. In the early days 
of Roman expansion the policy of the conquering city was to permit 
a large measure of local self-government to the conquered commu- 
nities ; but almost from the first there was a tendency toward central- 
ization. Many times communities neglected to look after their local 
concerns properly, and the central government was obliged to inter- 
fere in the interests of efficiency and good order. Provincial gov- 
ernors grew more and more inclined to disregard local usages and cus- 
toms, while they themselves became more and more dependent on 
the Emperor. It became customary to refer questions concerning 
the most trifling details to Rome for decision. 1 The process of cen- 
tralization continued until by the beginning of the fourth century 
a.d. local self-government was entirely dead. 2 

France is an example of a well-governed modern nation which has 
a centralized government. The hand of the central authority is seen 
everywhere in the government of the localities. As Woodrow Wilson 
says, 3 " The general rule of French administration is centralization, 
the direct representation of the central authority through appointed 
officers in every grade of local government, and the ultimate depend- 
ence of all bodies and ministers upon the officers in Paris." France 
is divided into departments corresponding to our counties. The 
most important official in each department is the prefect. He is 
the recruiting officer of the department, its treasurer, its superintend- 
ent of schools, its chief of police, its executive officer in all impor- 
tant undertakings. 4 He appoints most subordinate officials. The 
police of every city in his department are subject to his control. He 
supervises the issuing of municipal bonds and the granting of fran- 
chises, and has a voice in all important municipal affairs. He is 
appointed by the Minister of the Interior in Paris, and is strictly re- 

1 See Pliny's letters to Trajan. 

2 W. W.. Capes, The Age of the Antonines, page 200 seq. 

3 Wilson, The State, page 241. 

4 Ibid., page 236. 



LOCAL SELF-GOVERNMENT 59 

sponsible to him. It is evident that the French people know very 
little of local self-government as we know it in America. 

Our federal government is highly centralized. The offi- 
cers and employees of the United States government num- 
ber about four hundred thousand ; and of this number only 
the President, the Vice President, and the members of 
Congress are elected. All others are appointed either di- 
rectly or indirectly by the President, and are responsible 
to the President, or to the heads of the great departments 
in Washington. This form of government has proved 
eminently successful in the management of our national 
affairs. Our state governments are based on the local 
self-government principle, and all that we have of local 
self-government pertains to and is a part of our state 
governments. This is no doubt the fundamental cause of 
the jealousy that the states have always felt toward the 
national government when it has seemed to exhibit a tend- 
ency to encroach upon their powers; because every 
advance made by the federal government at the expense 
of the states is an encroachment of centralized authority 
on the principle of local self-government. 

Questions 

1. Why is a congressional district not a public corporation? 

2. Why will not a county government serve for the cities located 
in the county ? 

3. What is a charter ? Why must a city have a charter ? 

4. Why does a county need no true charter ? 

5. How can it be said of a school district that it "exists for the 
government of a portion of the state" ? 

6. Is Stanford University a private or a public corporation ? 

7. Why is a railroad called a quasi public corporation? 

8. Why are the subdivisions of Class II called public corporations ? 



60 THE POLITICAL SUBDIVISIONS OF CALIFORNIA 

9. What is local self-government ? What part does the state gov- 
ernment have in our local self-government ? 

10. Could our national government be based on the local self-gov- 
ernment principle ? Why ? x 

n. Explain the difference between "Smith and Jones, Grocers," 
and "The Smith-Jones Grocery Co., Inc." 

12. Can the student body of a public school sue or be sued ? 

13. Why are corporations difficult to punish for infractions of the 
law? 

1 Our national government exists to look after our national affairs, which include 
all matters that pertain to the nation as a whole. The states are united in order 
to secure unity of action in the management of these national affairs. This purpose 
would be defeated if each locality had a part in the management. The federal 
government must be centralized in order to avoid confusion. 



CHAPTER IV 
RURAL LOCAL GOVERNMENT 

25. Introductory. — We have learned that our state 
governments depend upon local public corporations, not 
only to look after local affairs, but also to enforce general 
state laws. The three most important of these public 
corporations are cities, counties, and towns or townships. 
City government is pretty much the same in all parts of 
the United States, and will be considered in later chapters 
of this book. This chapter has to do with rural local gov- 
ernment ; that is, government outside of cities. We shall 
first give some attention to rural local government in dif- 
ferent sections of the United States, and then study the 
subject as applied to California. 

Section i. Rural Local Government in the United 

States 

26. The New England Plan. — In New England local 
government outside of cities is carried on by towns. Towns 
keep the roads and bridges in repair, give relief to the help- 
less poor, support schools, keep order, and do many other 
things that are looked after by counties in California. But 
it must be remembered that the word town as used in 
New England has a very different meaning from the same 
word as used in California. The territory of a New Eng- 
land state, outside of its cities, is all divided into towns, so 
that one cannot get out of a town in New England, except 

61 



62 RURAL LOCAL GOVERNMENT 

by going into a city. The word as used in New England, 
in so far as it is applied to definitely bounded areas of terri- 
tory, means the same thing as the word township as used 
in other parts of the United States. A town may have one 
or more villages within its borders, but most of its area 
is open country. 

Every town has its town meeting, which is simply a mass 
meeting of voters. The town meeting is to a town what 
a city council is to a city ; that is, it levies taxes, appropri- 
ates money, and passes local ordinances on matters of 
public interest. In addition to this it elects the town officers. 

When a New England town becomes so thickly popu- 
lated that the simple town government will not serve its 
purposes, it incorporates and becomes a city. A New 
England town is a quasi corporation ; that is, it is governed 
by general state laws. Every city is of course governed by 
its charter. When a town incorporates, it gives up its 
town meeting and has a city council — a representative 
body — instead. 

Towns are grouped together into counties, but New Eng- 
land counties have very little to do in comparison with 
California counties. They exist for scarcely any other 
purpose than to maintain superior courts. Each town has 
its local court to try petty cases, but cases of greater impor- 
tance are tried in the county or superior courts. 

27. The Southern Plan. — South of Mason and Dixon's 
line local government outside of cities is carried on by coun- 
ties. The broad, level lands of the South Atlantic coast 
invited the first settlers of the country to a farming life. 
In New England the first immigrants from Europe settled 
in small villages and towns ; in the South they spread out 
along the fertile river banks and settled on large planta- 



IN THE UNITED STATES 63 

tions. Where people are widely scattered the county type 
of local government is the one best suited to their needs, 
and counties were established in these southern colonies 
at the outset. Everywhere in the South to-day counties 
are relied upon to look after rural local affairs. 

A southern county is divided into judicial districts, 
sometimes called townships, for the purpose of electing 
justices of the peace and constables. These districts are 
not public corporations, as they do not possess the taxing 
power. They exist simply as areas in which inferior courts 
are located. The expenses of such courts are paid by the 
counties, or by fees which they collect. 

28. Rural Local Government in the Middle Atlantic 
States. — In New York, Pennsylvania, and New Jersey, 
both counties and towns, or townships, have a part in 
rural local government. Each state is divided into coun- 
ties and each county into townships ; and the work of keep- 
ing order, protecting life and property, caring for the roads, 
maintaining schools, etc., is divided by state law about 
equally between counties and townships, both of which are 
public corporations. This is called the compromise type 
of local government. 

29. Rural Local Government in the Middle South and 
West. — People from the old southern states moved west 
with their slaves and built up new states on the broad 
plains north of the Gulf of Mexico. Land was abundant 
and fertile, and they settled on large plantations such as 
they had known in Virginia, the Carolinas, and Georgia. 
They naturally adopted the county type of local govern- 
ment, not only because it was the type best suited to their 
needs, but also because it was the type to which they had 
been accustomed. 



64 RURAL LOCAL GOVERNMENT 

To-day the work of local government outside of cities 
in all of our southern states is done by counties. Townships 
exist only for judicial purposes and do not have the powers 
of public corporations. The same is true of all of our west- 
ern states where the population is widely scattered. To be 
exact, the county type prevails south and west of a line 
drawn along the southern boundary of Pennsylvania to the 
Ohio River ; then down the Ohio to the Mississippi, and on 
to the southern boundary of Missouri ; then west along the 
southern boundaries of Missouri and Kansas; and then 
north along the western boundaries of Kansas, Nebraska, 
and the Dakotas. 

30. Rural Local Government in the Middle North. — 
New Englanders moving into Ohio, Indiana, Illinois, and 
other states in the northern half of the Mississippi Valley 
found that the New England town, with its town meeting, 
could not easily be planted on the broad, level prairies of 
the West. They became farmers and lived farther apart 
than they had in New England; but, because of greater 
danger from the Indians, because of the difference in crops, 
and because of the absence of slaves, they did not settle on 
large plantations as had the cotton growers of the South. The 
county form of local government could have been made to 
answer their purposes, but they were not willing to give up 
the New England plan entirely. They therefore adopted 
the compromise plan of the Middle Atlantic states. Thus 
in each of these north-central states both counties and 
townships exist as public corporations, and the work of rural 
local government is divided between them by state law. 
The townships, unlike those in most other sections of the 
country, are six miles square. This is because the lines 
established by United States surveyors when they were 



IN THE UNITED STATES 



65 



blocking the land off into " congressional townships," 
sections, and quarter sections, were later taken as boundary 
lines for these governmental townships. 

Note. — A " congressional township" 1 is six miles square and is 
divided into thirty-six sections. Each section contains six hundred 
and forty acres and is divided into quarter sections. These land divi- 
sions are found wherever the United States government has owned 
the public land; that is, in all the states except Vermont, Maine, 
Kentucky, Tennessee, West Virginia, Texas, and the thirteen original 
states. They were intended only for the purpose of locating land, 
and are seldom used for any other purpose except in the northern 
part of the Mississippi Valley, where they have been adopted as terri- 
torial units in forming governmental townships. The student should 
observe that three kinds 
of townships have been 
mentioned in this chap- 
ter: governmental town- 
ships, found in New 
England and in the states 
where the compromise 
type of local government 
prevails; judicial town- 
ships, found in the south 
and far west; and con- 
gressional townships. 

When the United 
States acquired Califor- 
nia, the land not held in 
private ownership be- 
came government land. 
Government surveyors 
were sent out to mark 
off this land into con- 
gressional townships, 

sections, and quarter sections. They adopted Mt. Diablo as a start- 
ing point for central and northern California, and Mt. San Bernardino 
1 "Surveyors' township" would be a more suggestive name. 
CIVIL GOV. IN CAL. <? 







A 




NOf 


WH 








j 










< 



B 








) 






CO 


RREC" 


lil 

£ 
"ION 




LINE 






1 










-i 




















0. 
O 

Z 










*\ 


p 








Q. 










i 








E 


ASE 




LINE 










C 


































D 












SOI 


JTH 











A, Township 7 North, Range 3 West. 

B, Township 6 North, Range 1 East. 

C, Township 1 South, Range 4 West. 

D, Township 2 South, Range 4 East. 



66 



RURAL LOCAL GOVERNMENT 



for southern California. The line drawn north and south through 
one of these mountains is called the " principal meridian," and the 
line drawn east and west the " base line." 
Townships six miles square are marked off 
north, south, east, and west of these lines. 
The distance to the east or west of the prin- 
cipal meridian is indicated by the number of 
the range; while the distance to the north or 
south of the base line is indicated by the 
number of the township. As meridians of 
longitude converge toward the north, " cor- 
rection lines " are established at intervals 
of twenty-four or thirty miles from the base 
line in order to keep the width of the town- 
ships from east to west as nearly six miles as 
possible. In the diagram on page 65 let the 
point of intersection of the principal merid- 
ian and the base line be considered as the 
top of either Mt. Diablo or Mt. San Bernardino. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


39 


38 


27 


26 


25 


* 


32 


33 


34 


35 


36 



Township D divided into 
sections, each section be- 
ing one mile square and 
containing six hundred 
and forty acres, a, The 
Northeast quarter of 
Section 31, Township 2 
South, Range 4 East. 



Section 2. Rural Local Government in California 

31. The County Type in Use in California. — We have al- 
ready learned that we use the county type of local govern- 
ment in California. The New England town type, or even 
the compromise type, could not be used except in thickly set- 
tled rural districts. In many parts of the state, families 
live far apart and there are vast desert and mountain re- 
gions that are almost entirely uninhabited. It is clear that 
the county is our natural unit of local government. 

Many men from the New England, the Middle, and the 
Ohio Valley states came to California in the exciting days 
of 1849. Here they found men from the South ; and when 
the convention met at Monterey (September 1, 1849) to 
draw up a constitution for the new state, the county and 
town or township types of local government each had warm 



IN CALIFORNIA 67 

friends among its members. The result was a compromise, 
and our first constitution provided that " the legislature 
shall establish a system of county and town governments, 
which shall be as nearly uniform as practicable throughout 
the state." 1 Our present constitution, adopted in 1879, 
provides that " the legislature shall establish a system of 
county governments, which shall be uniform throughout 
the state ; and by general laws shall provide for township 
organization, under which any county may organize when- 
ever the majority of the qualified electors of such county, 
voting at a general election, shall so determine." 2 In 
spite of this mandate in each of our two constitutions, the 
legislature has never provided for the organization of town- 
ships, simply because there never has been any need of 
them. 3 The physical geography of California speaks so 
emphatically in favor of the county type that townships 
have never been able to gain a foothold. 

32. Judicial Townships. — Governmental townships are 
the kind contemplated in section 4, article XI, of the con- 
stitution. We have, however, judicial townships in Cali- 
fornia. Every county in the state, except the city and 
county of San Francisco, is divided by the board of super- 
visors into as many such townships as the board considers 
necessary. A judicial township is not a public corpora- 
tion; it owns no property and collects no tax. It is an 
election district for choosing justices of the peace and con- 
stables. The salaries of these officers are paid by the 
county except where they are permitted to retain the fees 
which they collect. The township limits territorially the 



1 Constitution of 1849 — article XI, section 4. 

2 Article XI, section 4. 

3 See Kahn vs. Sutro, 114 Cal. 334. 



68 RURAL LOCAL GOVERNMENT 

civil jurisdiction of the justice's court, but its criminal 
jurisdiction extends throughout the county. Townships 
include cities, or parts of cities, as well as country districts, 
so that every portion of the state is located in some town- 
ship. This is true even of San Francisco, which is really 
a township, as well as a city and county. 

33. The Formation of Counties. 1 — When California 
was a province of Mexico it was divided into ten large dis- 
tricts for governmental purposes. The first state legisla- 
ture that met after the adoption of the constitution of 
1849, realizing that these districts were too large to serve 
as counties for the new state, passed a bill (Feb. 18, 1850) 
dividing the state into twenty-seven counties. As the pop- 
ulation has increased new counties have been formed from 
time to time, by subdividing the older ones, until now 
(19 1 3) the number is fifty-eight (Appendix C). Each of 
these new counties except the last — Imperial county — has 
been formed by a special act of the legislature. Imperial 
county was formed according to a general law which was 
passed in 1907 ; this law was materially amended in 1909. 
Its provisions in the amended form are as follows : 

The law declares that no new county shall be formed 
which has a population of less than ten thousand ; that no 
old county shall be reduced to a population of less than 
twenty thousand, nor to an area of less than twelve hundred 
square miles, by the formation of a new county ; and that 
the boundary line of a new county shall not pass within 
five miles of the county seat of any county from which its 
territory is taken. The other conditions are so severe 
that the formation of further new counties is practically 
impossible. 

1 See state constitution, article XI, section 3. 



IN CALIFORNIA 69 

When it is desired to form a new county, a petition must be pre- 
sented to the supervisors of the county from which its territory is to 
be taken, or, if it is to be formed from parts of two or more counties, 
the petition must be presented to the supervisors of the county which 
is to lose the greatest area. The petition must be signed by at least 
50 per cent of the voters of the old county, including at least 65 per 
cent of all the voters living in the proposed new county. If it is to 
be formed from parts of two or more counties, at least 50 per cent of 
the voters of each county affected, including at least 65 per cent of 
those living in each part of the new county, must sign the petition. 
The petition must state the boundaries, the population, and the name 
of the proposed new county ; and the population and area that will 
remain to the old county or counties. 

Not less than thirty nor more than forty days after the filing of 
the petition, the board of supervisors must meet to determine whether 
or not the facts stated in the petition are true. Public notice must 
be given of this meeting so that friends and opponents of the proposi- 
tion may appear before the board. If the board finds that the facts 
stated are true, and that the new county could be formed without 
violating any of the provisions of the law mentioned above, it must 
call an election in the county or counties in question. The new 
county will not be formed unless 50 per cent of the votes cast in the 
county, including 65 per cent of those cast in the proposed new county, 
are in favor of the proposition. If it is to be formed from parts of two 
or more counties, 50 per cent of the votes cast in each old county, 
including 65 per cent of those cast in each part of the proposed new 
county, must be favorable. 1 At the same election the location of 
the new county seat is determined, and a set of officers for the new 
county are chosen to take office in case the proposition carries. The 
board of supervisors must canvass the election returns and publish 
the result, and, if the vote is in favor of the proposition, must report 
the matter to the secretary of state. This completes the process, 

1 The law of 1907, under which Imperial county was formed, was much more 
liberal in its terms, as it provided that an election must be called in the proposed 
new county on petition of 50 per cent of the voters of the territory in question, and 
that the county would be formed if favored by 65 per cent of the vote cast. The 
wish of the voters of the balance of the county or counties from which the new county 
was to be taken was not considered. 



70 RURAL LOCAL GOVERNMENT 

except that the governor must appoint a committee of three persons 
— one of whom, but only one, shall be from the new county — to 
agree upon the terms of a business adjustment between the new and 
old counties. 

34. The Relation between a County and the State. — 
In the creation of new counties according to the plan just 
described, the board of supervisors which receives the peti- 
tion, conducts the election, and declares the result, is 
guided in every step that it takes by state law. This means 
that the board in all that it does acts as the agent of the 
state. It is thus the state that creates the new county. 

A county gets all of its power from the state. It has only 
such officers as are provided for, or permitted, by the state 
law and constitution, and they must find authority in the 
law or constitution for every official act. It may hold only 
such property as the law permits. It may collect taxes 
only for the purposes authorized by law, and for these pur- 
poses alone may money be taken from its treasury. The 
state existed before there were any counties ; and counties 
were formed in order that the laws of the state might be 
enforced in every locality, and that the people might en- 
joy local self-government under the guidance of state law. 
Thus the county is entirely the creature of the state, which 
may of its own will abolish it, or alter its area or govern- 
ment in any way it may desire. 1 We shall learn later 
that the relation of the county to the state is vitally dif- 
ferent from the relation of the state to the nation. 

Questions 

i. Why is a California judicial township not a public corporation ? 
2. Do we have congressional townships in California ? 

1 The people of the state are referred to here. The legislature may exercise these 
powers subject to the will of the people as expressed in the state constitution. 



QUESTIONS 71 

3. How does a California county differ from a New England county ? 
from a middle northern county ? 

4. Why has township government never been established in Cali- 
fornia ? 

5. How can it be said that Imperial county was formed by the 
state ? 

6. When was your county formed? (See Appendix C.) 

7. Why is a county a quasi corporation? What are its political 
relations to the state ? 



CHAPTER V 

COUNTY GOVERNMENT— COUNTY OFFICERS 

Section i. County Officers, Terms of Office, and 
Other Details 

35. County Officers. — A California county has the fol- 
lowing officers : — 



I. 


Elective Officers 


i. The Board of Supervisors. 


11. The Superior Judge 


2. The County Clerk. 




or Judges. 


3. The Assessor. 




12. The Justices of the 


4. The Tax Collector. 




Peace. 


5. The Treasurer. 




13. The Sheriff and Con- 


6. The Auditor. 




stables. 


7. The Recorder. 




14. The District Attorney. 


8. The Coroner. 




15. The Public Adminis- 


9. The Surveyor. 




trator. 


10. The Superintendent of 




Schools. 







II. Appointive Officers 
A . The Board of Supervisors must appoint : — 

16. Four members of the County Board of Education, the 

County Superintendent being a fifth member. 

17. A County Health Officer. 

18. A Horticultural Commissioner, if requested by twenty- 

five interested persons. 
72 



COUNTY OFFICERS 73 

B. The Board of Supervisors may appoint : — 

19. A Live Stock Inspector. 

20. A Fish and Game Warden. 

21. An Inspector of Apiaries. 

22. Roadmasters; Superintendents of County Farms, Hos- 

pitals, and Detention Houses ; and other minor offi- 
cers and employees. 

C. The Superior Court appoints : — 

23. A Court Commissioner. 

24. A Court Reporter for each judge of the court. 

D. The Judge of the Juvenile Court appoints : — 

25. A Probation Committee. 

26. A Probation Officer, and such assistants as the law pro- 

vides. 

36. Terms of Office. — The term of office of all elective 
officers is four years, except that of superior judges, which is 
six years. The regular county election is held at the same 
time as the state election ; that is, on the first Tuesday after 
the first Monday of November every fourth year (19 10, 
1914, 1918, etc.). All elective officers, except supervisors, 
justices of the peace, and constables, are elected by the 
county at large. Officers assume the duties of their re- 
spective offices on the first Monday after the first day of 
January next succeeding their election. Appointive offi- 
cers serve for terms of different lengths. For example, the 
horticultural commissioner is appointed for four years; 
the fish and game warden, and the probation officer and 
his assistants, for two years; the health officer, for one 
year ; the live stock inspector, and other officers and em- 
ployees, each during the pleasure of the appointing power. 



74 COUNTY GOVERNMENT 

37. Official Bonds. — All elective county officers, except 
superior judges, are required to furnish official bonds. The 
official bond of an officer is the written promise of some other 
responsible person, or corporation, to the effect that if the 
officer does not do his duty " well and truly," the person 
or corporation making the promise will pay into the county 
treasury the amount mentioned in the bond. The super- 
visors fix the amount of all official bonds except their own ; 
the amount of theirs is fixed by the superior judge, or 
judges, of the county. All bondsmen must be acceptable 
to the superior judge or judges. All official bonds are re- 
corded in the recorder's office and are then filed with 
the county clerk ; the clerk's bond is filed with the treasurer. 

38. Vacancies and Salaries. — A vacancy in the office 
of superior judge or supervisor is filled, until the next 
election, by the governor of the state. A vacancy in any 
other elective county or township office is filled by the 
board of supervisors. 

The compensation of county officers is fixed by state law. 
The state constitution requires that all laws pertaining to 
the government of counties shall be general laws ; that is, 
the legislature is forbidden to pass a law for any particular 
county. But the constitution permits the legislature to 
divide the counties into classes, in proportion to their 
population, for the purpose of establishing the salaries of 
county officers. There are fifty-eight counties in the state, 
and the legislature has divided them into fifty-eight classes. 
(See Appendix C for statistics.) Thus the law which fixes 
the salaries of county and township officers is really a 
special law for each county, although it is in the form of a 
general law ; and when it states that in all counties of the 
first class the various officers shall receive such and such 



COUNTY OFFICERS 75 

salaries, Los Angeles county is the only county affected, 
because it is the only one of the first class. Not only does 
the law fix the salary of each officer, but it also states the 
number of deputies, clerks, and other employees that each 
may appoint, and names their salaries. Certain officers 
receive no fixed salaries in most counties, but are permitted 
to retain the fees collected from the people whom they 
serve. This is true of the county surveyors, coroners, and 
public administrators, and of township justices of the peace 1 
and constables. The amount to be collected as fees in each 
case is definitely determined by law. 

39. The Consolidation of County Offices. — In counties 
of small population the supervisors are permitted to, and 
frequently do, consolidate county offices so that one man 
may serve as sheriff and tax collector ; auditor and recorder ; 
clerk, auditor, and recorder ; coroner and public adminis- 
trator; or the like. When one man holds two or more 
offices, he receives their combined salaries. 

40. The Uniformity of County Government. — All the 
counties of the state, except the incorporated city and 
county of San Francisco, and counties that have adopted 
charters (see note, p. 55), are governed according to the 
provisions of certain acts of the legislature, the most im- 
portant of which is the " County Government Act." The 
government is, therefore, uniform; that is, all counties 
have the same officers, — except for some variation in the 
appointive officers, — and the powers and duties of the 
corresponding officers are the same in all counties. 

This uniformity may seem to be broken if advantage is 
taken of the constitutional amendment of 191 1 which per- 
mits counties, with the approval of the legislature, to adopt 

1 Justices of the peace will be paid salaries after 1914. 



76 COUNTY GOVERNMENT 

charters. (Article XI, section 7§.) But such charters must 
provide for the election or appointment of practically the 
same officers x as are found in counties that are governed 
according to general laws ; and their powers and duties must 
be the same. The uniformity of county government in its 
essential features will therefore not be disturbed. The lack 
of uniformity will appear only in respect to the manner of 
selecting officers, their terms of office, their compensation, 
and the manner of filling vacancies. 

Section 2. The Board of Supervisors 

41. Organization. — The board of supervisors of each 
county, except the incorporated city and county of San 
Francisco, consists of five members. Each member is 
elected for four years by one of the five supervisorial dis- 
tricts into which the county is divided. Either two or 
three are elected every even-numbered year. 

The board elects one of its members chairman. The 
county clerk or a deputy appointed by him is its secre- 
tary. Three members constitute a quorum, and the con- 
currence of three is necessary to pass a measure. 2 The 
board must hold regular meetings at the county seat as 
often as it shall determine. Special meetings may be held 
at any time. " All meetings must be public, and the books, 
records, and accounts of the board must be kept at the 

1 Provision must be made for such officers as are required to be elected or appointed 
in other counties. The amendment permits such charters to provide for necessary 
additional officers, which may or may not be the same as those that are appointed 
in other counties at the discretion of the supervisors. 

2 An act of the board may be a simple order, a resolution, or an ordinance. The 
word law should be reserved for the acts of Congress and state legislatures. An 
order or resolution of the board of supervisors may take effect at once, but an ordi- 
nance cannot be enforced for fifteen days, during which time it must be published 
for at least one week. (See § 72.) 



COUNTY OFFICERS 77 

office of the clerk, open at all times for public inspection." x 
" Within ten days after each session of the board, it shall 
cause to be published a fair statement ,of all its proceed- 
ings." 2 It has power to require the sheriff, or one of his 
deputies, to attend all of its meetings " to preserve order, 
serve notices, subpoenas, citations, and other process, as di- 
rected by the board." 

42. The Powers and Duties of the Board of Super- 
visors. — Only the most important of the powers and duties 
of the board of supervisors will be given. Any one desir- 
ing more detailed information is referred to the Political 
Code of California of which the " County Government 
Act " is a part (§ 4049-! 4056). 

1. The board is the business head of the county govern- 
ment. It provides and furnishes office rooms for all county 
officers, and purchases supplies and all necessary equip- 
ment for the various offices and institutions. It super- 
vises the erection of county buildings, keeps them in repair, 
sees that they are insured, and employs janitors and gar- 
deners to keep them and the grounds around them clean 
and in good condition. It has charge of county property, 
directs the prosecution of lawsuits in the name of the 
county, and, in general, represents it in all business trans- 
actions. 

2. The board supervises the official conduct of all county 
officers who have any part in collecting, safe-keeping, or 
disbursing the public revenues; and examines and audits 
their accounts at least once a year. It also has power to 
supervise the official conduct of all officers who handle the 
revenues of public corporations in the county, other than 
cities. 

1 Political Code of California, § 4033. 2 Ibid., § 4049. 



78 COUNTY GOVERNMENT 

3. The board levies county taxes; that is, it determines 
annually the amount that property owners must pay on 
each one hundred dollars' worth of property. This is 
called the tax rate, and must be levied not later than the 
third Monday in September. The board also levies taxes 
for all public corporations in the county, except cities. If 
a public corporation wishes to impose a tax upon itself, its 
officers call an election, 1 and, if a majority of the votes 
cast are favorable to the tax, the matter is reported to the 
board of supervisors, which levies the tax at the same 
time that it levies the county tax. 

4. The board equalizes assessments. If a property 
owner thinks that the assessor has valued his property too 
high, he may complain to the board of supervisors when it 
sits as a county board of equalization (between the first 
and third Mondays in July), and the board has power to 
lower the assessment. It also has power to increase the 
assessment on any piece of property. 

5. It divides the county into judicial townships, and 
election, school, road, supervisorial, and other districts. 

6. It has control of all county, state, and national elec- 
tions within the county ; that is, it divides the county into 
election precincts, appoints election officers, canvasses 
election returns, and appropriates money from the county 
treasury to pay the election expenses. 

7. It has charge of county roads and bridges and for 
this purpose divides the county into road districts. These 
often coincide with the supervisorial districts, in which 
case each supervisor often acts as roadmaster for his 
district. In some counties a greater number of districts 
are required, and each supervisor appoints a roadmaster 

1 A tax may be imposed on a school district without an election. 



COUNTY OFFICERS • 79 

for each road district in his supervisorial district. The 
board has power to levy a special road tax, not to ex- 
ceed twenty cents on each one hundred dollars' worth of 
property in the county, outside of incorporated towns and 
cities. 1 It may also impose a road poll tax not to exceed 
three dollars on every able-bodied man between the ages 
of twenty-one and fifty-five living in the county outside 
of cities. No more money may be spent in any road dis- 
trict than the amount collected therein, except by a two- 
thirds vote of the board. Caring for the roads includes 
grading, oiling, sprinkling, and other necessary work. 

8. The board must care for the indigent sick and the 
dependent poor. For this purpose it may provide, by lease 
or purchase, hospitals and poor farms, and has power to 
impose special taxes for their maintenance. 

9. It has power to license all lawful business enterprises 
carried on in the county, and determines the amount of 
the license in every case where it is not fixed by law. 

10. It has power to establish a free county library at 
the county seat for the benefit of all parts of the county 
outside of library districts and incorporated towns which 
maintain public libraries ; and to tax the property in the 
parts of the county benefited, for the support of the library, 
not in excess of ten cents on the hundred dollars. The 
librarian of such a library must be appointed by the board, 
but he must hold a librarian's certificate granted by the 
state board of library examiners, which consists of the state 

1 An incorporated town or city located in a road district is not part of the dis- 
trict. It cares for its own streets, and does not share in the burden of caring for the 
county roads. The law, however, provides that county bonds for the construction of 
"main public highways" may be issued, a main public highway being denned as a 
highway connecting two cities. The property of the entire county, including cities, 
would of course be taxed to redeem the bonds. See also section *]\ of article XI of 
the state constitution. 



80 , COUNTY GOVERNMENT 

librarian at Sacramento and the librarians of San Francisco 
and Los Angeles. (§ 172.) 

County libraries with numerous branches have been 
established in many counties. The branches in any county 
are supplied with books — which are frequently changed — 
from the main library. The state cooperates with the 
counties in this matter, and books are sent on request at 
state expense from the state library in Sacramento to 
county libraries and their branches. Thus a great state 
library system has been established by which the people 
of our most remote districts may be supplied with books 
at little trouble and at no expense to themselves. 

n. The board has power to grant franchises for the use 
of the public roads by private corporations, such as street 
car and railroad companies. 

12. It must provide for the burial of the indigent dead. 

13. It has power to provide for the protection of trees, 
vines, cereals, vegetables, and other plants against weeds, 
and animal and insect pests ; also to provide for the pro- 
tection of live stock against diseases. 

14. It has power to pass ordinances for the protection 
of fish and game. Such ordinances must of course not be 
in conflict with state law. They may shorten, but cannot 
lengthen, the fish or game seasons established by law. 

15. It has power to aid the state and national authorities 
in caring for the forests and in preventing forest fires. 

16. It has power to make and enforce " all such local 
police, sanitary, and other regulations as are not in conflict 
with general laws." By the police power of the board is 
meant its power to pass ordinances for the preservation of 
order, and for the protection of life, property, the public 
health, the public convenience, the public taste, and the 



COUNTY OFFICERS 8 1 

public morals. It is an extensive power. By virtue of it 
the board may license and regulate the conduct of lawful 
business enterprises, may close disorderly places, may pro- 
hibit the sale of intoxicating liquors, may regulate the speed 
of vehicles on public roads, may regulate the keeping and 
storing of dynamite and other explosives, may establish a 
public pound for the care of stray animals, and so on. The 
police power of the board extends throughout the county 
outside of incorporated towns and cities. 

43. The General Character of Supervisors' Work. — 
It is customary to speak of the board of supervisors of a 
county as the legislative department of the county govern- 
ment ; but this is somewhat misleading because it assumes 
that the government of a county is divided into legislative, 
executive, and judicial departments, — an assumption 
which is not true. 1 A county is an agency of the state, 
created for the purpose of carrying state law into execution. 
Its only legislative functions are to supply such details as 
are necessary for the execution of state law, and to deter- 
mine whether or not it will exercise certain optional powers 
granted by law. 2 The board of supervisors exercises these 
limited legislative functions, subject to the initiative and ref- 
erendum. When levying taxes and appropriating money for 
the maintenance of the county government, it is taking nec- 
essary steps for giving effect to state law ; and when passing 
ordinances in the exercise of its police powers, it is making use 
of optional powers. The foregoing statement of the powers 
and duties of the board shows that, in addition to this legisla- 
tive work, it renders many services that are purely executive 

1 The superior and inferior courts located within a county do not constitute the 
judicial department of the county government, but are parts of the state judicial 
system. 

2 The vital work of legislating for a county is thus done by the legislature. 

CIVIL GOV. IN CAL. 6 



82 COUNTY GOVERNMENT 

in character. The making of appointments, the purchasing 
of supplies for county offices and institutions, and the let- 
ting of contracts for any kind of public work are examples 
of such services. 

Section 3. Duties of Other County Officers 

In the following pages the most important duties of the 
various county officers will be given. Persons wishing 
more detailed information are referred to the Political 
Code. 

44. Duties of the County Clerk. 1 — 1. The county clerk 
is clerk of the board of supervisors. He, or a deputy ap- 
pointed by him, must attend every meeting of the board, 
and must keep a record of all orders, resolutions, ordi- 
nances, and other proceedings. After each meeting he issues 
such orders, certificates, and notices as the board directs; 
and delivers to the auditor warrants signed by himself and 
the chairman of the board for all orders directing the pay- 
ment of money. He attends to the publication of ordi- 
nances and other proceedings of the board. Applications 
for licenses and franchises, and all other communications 
directed to the board, must be filed in his office. 

2. He is clerk of the superior court. He, or a deputy 
appointed by him, must attend every session of the court 
and keep a record of all its orders, decrees, decisions, and 
other proceedings, and of all cases brought before the 
court. He must issue such warrants, notices, citations, 
subpoenas, and other process as the court may require. 

3. He has charge of all books, papers, and records which 
may be filed in his office according to law. There are many 
such papers ; among them may be mentioned the official 

1 Political Code, § 4178. 



COUNTY OFFICERS 83 

bonds of other county officers, articles of incorporation of 
private corporations, and nomination papers. 

4. He has important duties to perform in connection 
with elections. He registers voters. No one may vote 
until he has registered in the clerk's office his name, occu- 
pation, place and date of birth, his present address, and 
other items required by law (p. 29). The clerk must have 
printed a complete list of all registered voters. This list 
is called the great register, a copy of which, or as much as 
is necessary, must be furnished for use at every voting place 
in the county on election days. He must furnish all blank 
forms to be used in connection with elections, such as 
nomination papers, ballots, and tally sheets ; and all elec- 
tion returns are sent to his office to be canvassed by the 
board of supervisors. Finally, after each election, he offi- 
cially notifies all successful candidates for county and town- 
ship offices of their election ; and sends to the secretary of 
state an abstract showing the result of the election in the 
county for state and national offices, and for constitutional 
amendments or other propositions. 

5. He issues marriage and hunters' licenses. 

45. Duties of the Assessor. 1 — 1. The assessor must 
assess annually all taxable property in the county as it 
exists on the first of March. His record showing the value 
placed on every item and giving the names of owners, 
when possible, is called the assessment roll. 

2. He collects poll taxes. 2 The state imposes a poll 
tax for the benefit of the state school fund on able-bodied 
men between the ages of twenty-one and sixty. The 

1 Political Code, § 3627 seq. 

2 In some counties assessors receive fifteen per cent of the amount collected by 
them as poll taxes (§ 38). 



84 COUNTY GOVERNMENT 

assessor collects this tax for the state. He also collects 
the road poll tax when it is imposed by the supervisors. 1 

3. He collects personal property taxes from people who 
own no real estate. 2 

4. He must report annually to the clerk of the board of 
supervisors a list of the names of all men in the county 
between the ages of eighteen and forty-five who are not by 
law exempt from military duty. The law requires that 
when any male citizen registers as a voter, files a state- 
ment of his property in the office of the assessor for assess- 
ment purposes, or pays his poll tax, the officer or clerk who 
waits upon him must ascertain whether or not he is sub- 
ject to military duty and must make a record in reference 
to it. Principals of schools where young men over eight- 
een attend must report a list of all such cases to the 
assessor. From these sources and from any additional 
information that he is able to gather, the assessor must 
make up the military roll of the county. The clerk of the 
board of supervisors sends a copy of this list to the state 
adjutant general in Sacramento (§ 127). 

46. Duties of the Tax Collector. 3 — 1. The tax collector 
collects all county taxes, except those collected by the asses- 
sor; the tax for all public corporations in the county, 
except incorporated cities ; 4 and any general property tax 
imposed by the state. 5 

1 The payment of poll taxes has nothing to do with the privilege of voting in 
California, as it has in some states. 

2 Every householder is excused from paying taxes on one hundred dollars' worth 
of personal property. 

3 Political Code, § 3746 seq. 

4 He often collects the taxes for small towns at their request. 

6 Since the adoption of a constitutional amendment in 1910 which provides that 
the state government shall be supported by a tax on corporations rather than by a 
tax on general property, the county tax collectors collect practically no money for 



COUNTY OFFICERS 85 

2. He collects county license fees. He also issues such 
licenses as are authorized by state law, or granted by the 
board of supervisors, except those issued by the county clerk. 
For example, he issues saloon, peddlers', merchants', and 
auctioneers' licenses. 

3. He must make a financial report to the auditor on the 
first Monday of each month, and, on the same day, pay the 
money in his possession to the treasurer. 

4. He must sell to the state all real estate on which the 
tax is not paid, or which stands as security for unpaid taxes 
on personal property. 

The first installment of the tax on real estate, or the entire tax 
on personal property which is secured by real estate, is delinquent if 
not paid by the last Monday in November. If paid between this date 
and the last Monday in April, 15 per cent is added as a penalty; 
after the last Monday in April another 5 per cent is added. The 
second installment is delinquent if not paid by the last Monday in 
April, after which a penalty of 5 per cent is added. On or before the 
fifth day of June the tax collector must publish the delinquent tax 
list, specifying the date on which he will sell property to the state for 
delinquent taxes. This date must be not less than twenty-one nor 
more than twenty-eight days after the first publication of the delin- 
quent fist. On the day specified the tax collector must write the words 
" Sold to the State " on the delinquent list opposite each piece of 
property affected. Owners have five years in which to redeem their 
property, during which time they retain possession. Property is 
redeemed by the payment of all back taxes, penalties, and certaiD 
costs required by law. If not redeemed within the five years, the tax 
collector deeds it to the state, and the original owner has no further 
interest in it. The tax collector must report to the auditor and the 
state controller in reference to all lands sold to the state, and must 
file all deeds for such lands in the office of the county recorder. 

the state. But the state may at any time impose a tax on general property, in 
which case it would be collected by the county tax collectors. See section 14, 
article XIII, of the constitution. 



86 COUNTY GOVERNMENT 

47. Duties of the Treasurer. 1 — i. The treasurer re- 
ceives all money collected by the tax collector, and places 
it in different funds according to the purposes for which it 
was collected. He receives all other money belonging to 
the county, such as fees, fines, the proceeds from the sale 
of county property, debts due from private individuals, 
and so on. All money received by him, from whatever 
source, must be accompanied by certificates issued by the 
auditor, and his receipts for money must be returned to the 
auditor. 

2. He collects for the state the inheritance tax, imposed 
by the state, due from persons who inherit property located 
in the county. 

3. He pays money out of the treasury only on warrants 
issued by the auditor; however, he pays money which 
he holds for the state to the state treasurer on warrants 
issued by the state controller. The auditor reports to the 
controller the amount held by the county for the state. 
The treasurer settles with the state in May and December 
each year, and at any other time if required. 

4. On the first Monday of each month he must make a 
detailed report to the auditor showing all money received and 
paid out by him since his last monthly report; and he 
must make a similar report to the board of supervisors at 
every regular meeting of the board. His report to the 
supervisors must also show the debts due to and from the 
county. 

5. He and the auditor must make a joint report to the 
supervisors on the first Monday in February, May, August, 
and November, showing receipts, expenditures, debts, and 
credits. 

1 Political Code, § 4101 seq. 



COUNTY OFFICERS 87 

48. Duties of the Auditor. 1 — The auditor is the most 
important financial officer of the county. 

1. He draws warrants on the treasurer for all lawful 
debts, claims, or demands against the county; or against 
any public corporation in the county whose funds are held 
by the treasurer. He must draw no warrants except on 
proper authority. Claims against the county must be 
allowed by the board of supervisors; claims against any 
school district must be allowed by the school board and 
approved by the county superintendent; claims against 
any other public corporation must be allowed by its board 
of trustees or directors. But even after a claim has been 
allowed, the auditor must make certain that the expen- 
diture is authorized by the state law before he draws 
his warrant on the treasurer. To audit means to ex- 
amine carefully. If the county supervisors or the trustees 
of any district, through mistake or otherwise, allow a 
claim or order an expenditure that is not authorized by 
the law, the auditor must refuse to pay it. It may be 
added that the treasurer may refuse to pay a bill after it has 
been audited, if he thinks that the state law does not clearly 
authorize the expenditure. In such a case, the district attor- 
ney, or possibly the courts, would have to settle the matter. 

2. He must examine and settle the accounts of all per- 
sons who are in debt to the county, and must certify the 
amount in each case to the treasurer. 

3. He must present to the board of supervisors at each 
regular meeting a detailed statement showing the exact 
condition of the finances of the county. This is in addition 
to the joint report made by him and the treasurer every 
three months. 

1 Political Code, § 3727 seq., § 4091 seq. 



88 COUNTY GOVERNMENT 

4. He must examine the books of the treasurer once a 
month and see that they have been correctly kept. 

5. He must, together with the district attorney, and the 
president of the board of supervisors, count the money in 
the county treasury once a month ; and he must each time 
file with the county clerk a statement showing the amount 
of money that ought to be in the treasury, and the amount 
and kind of money actually found to be there. 

6. From the assessment roll and tax rate, he must com- 
pute the amount of tax to be collected on each item of 
taxable property in the county, and must turn the tax bills 
over to the tax collector. He thus knows in advance what 
the tax is to be, and charges the tax collector with the 
amount. 

49. Duties of the Recorder. 1 — 1. The recorder keeps 
an official record, or copy, of all papers that in any way 
affect the title to any real estate in the county ; such as 
deeds, mortgages, wills, contracts, decisions of court, etc. 

Personal property may be bought and sold by verbal agreement ; 
but land can be bought and sold only by written agreement. The 
agreement, or deed, must be drawn up in proper form, and must be 
sworn to and recorded exactly according to law. If A sells land to B, 
the transaction is not complete and the land does not belong to B, 
even though he may have paid the money and received the deed, until 
the deed has been filed for record in the office of the recorder. The 
recorder's books are open to the public in order that any one may 
investigate the title to any piece of land in the county. To do this 
is no simple matter, however, and abstract companies are organized 
for the purpose of searching the records to determine land titles for 
interested persons. 

2. He records mortgages placed on personal property. 

3. He records marriage certificates ; and keeps a record 

1 Political Code, § 4130 seq. 



COUNTY OFFICERS 89 

of all births and deaths in the county, except in so far as 
this is done by city health officers. 

4. He records the official bonds of county officers. 

5. He must receive and keep on file in his office, building 
contracts, plans, and specifications. When one lets a con- 
tract for building a house, the law does not require that a 
copy of the contract shall be filed in the office of the recorder ; 
but if this should not be done, and a dispute should later 
arise between the owner and the contractor, the injured 
party would find it difficult to obtain satisfaction. 

6. He issues burial permits as stated in the following 
paragraph. 

50. Duties of the Coroner. 1 — 1. The coroner must hold 
an inquest over the body of every person in the county who 
has been killed, or has died in some unusual manner, or 
from some unknown cause, or under suspicious circum- 
stances. An inquest is an inquiry conducted in the pres- 
ence of a jury of six or more men, who must take notice of 
all the circumstances in the case, listen to the testimony 
of witnesses, and render a verdict if possible as to the 
cause of death. The coroner may employ a chemist or a 
physician to assist at any inquest. 

No human body can lawfully be buried, or moved from the local- 
ity where the death occurred, without a burial permit. Burial per- 
mits are usually issued on the presentation of physicians' certificates 
giving the cause of death ; but in every case where no physician has 
been in charge the permit is issued after an inquest has been held. 
Burial permits are issued in our larger cities by health officers; in 
smaller towns by the town clerks ; and in country districts by county 
recorders, or deputies called subregistrars, appointed by them for 
that purpose. 

1 Political Code, § 4143. 



9° 



COUNTY GOVERNMENT 



2. If, after an inquest has been held, the jury charges 
some one with murder, the coroner has power to issue a 
warrant for his arrest. 

3. After every inquest he must deliver to the county 
treasurer, or to the legal representatives of the deceased, 
any money or other property found on the body. 

4. He must keep an accurate record of every inquest, 
giving the name of the deceased, if possible ; the cause of 
death, when known; the property found on the body; 
and any information that might be of service in identifying 
the deceased if unknown. 

5. He must give a decent burial to any human body 
that is not claimed for burial by some friend or relative. 

6. Any justice of the peace in the county may perform 
the duties of the coroner in any case when the coroner is 
unable to act. The coroner may perform the duties of 
sheriff when the latter cannot act. 

51. Duties of the Surveyor. 1 — 1. The surveyor must 
do all surveying work that may be required by the board of 
supervisors or by the superior court. The supervisors need 
his services when laying out new roads, or in locating the 
boundaries of subdivisions of the county, such as judicial 
townships, road districts, school districts, etc. The supe- 
rior court may require him to locate the boundaries of 
any piece of land that may be in dispute before the 
court. 

2. He must make surveys for private individuals who re- 
quest him to do so and pay the fees required by law. 

3. He must make correct maps of the various subdivisions 
of the county, and keep them in his office, as the property 
of the county. 

1 Political Code, § 4214 seq. 



COUNTY OFFICERS 91 

4. He is the county engineer, and must do such engineer- 
ing work as may be required by the board of supervisors. 

5. He must assist the surveyor-general of the state in 
making such surveys for the state as are necessary in the 
county. Such surveys are made, for example, in the build- 
ing of state roads, and in locating the boundaries of state 
lands. 

52. County School Officers. 1 — The schools of every 
county should be studied in connection with the state 
school system. The state system should be studied as 
a unit, and Chapter XIV is devoted to that purpose. The 
duties of the county superintendent of schools and of the 
county board of education will therefore be found in Chapter 
XIV. 

53. Superior Judges and Justices of the Peace. — 
Each county elects at least one superior judge, and each 
judicial township elects at least one justice of the peace. 
The powers and duties of the superior judges and justices 
of the peace are discussed in Chapter XV, which is devoted 
to the state judicial system. 

54. Duties of the Sheriff. 2 — The most important 
duties of the sheriff are as follows : — 

1. He is the county peace officer. That is, he must 
arrest all persons that commit, or attempt to commit, or 
are charged before the courts with having committed, public 
offenses ; and he must " prevent and suppress any affrays, 
breaches of the peace, riots, and insurrections which may 
come to his knowledge." In the discharge of these duties 
he may compel as many of the able-bodied men of his 
county as may be necessary to assist him. 

1 Political Code, § 1543 seq., § 1768 seq. 

2 Ibid., § 4157 seq. 



92 COUNTY GOVERNMENT 

2. He must take care of and keep the county jail and its 
prisoners. 

3. He, or some deputy appointed by him, must attend 
every session of the superior court, and execute its lawful 
orders. If the court issues a warrant for the arrest of any 
person, the sheriff must, if possible, arrest him ; 1 when 
men are wanted in court for jury service, he must summon 
them to appear ; if the court orders private property sold 
to satisfy a debt, or seized and held under attachment to 
enforce the payment of a debt, he must execute the order. 

Many orders of the court, such as summonses, subpoenas, 
and injunctions, may be served by private persons in whose 
favor they are issued, but the sheriff may be required to 
serve them in case resistance of any kind is encountered. 

4. He must execute in his county such orders as may be 
issued to him by the courts of other counties of this state ; 
and although not compelled to do so, he makes arrests, and 
serves summonses and other process, in his county on the 
orders of the United States courts, or the courts of other 
states. 

5 . He must pay any money that comes into his possession 
by virtue of his office to such person or persons as the order 
of the court may direct, and must account for the same to 
the court. 

55. Duties of Constables. 2 — Each judicial township 
elects as many constables as justices of the peace. 3 They 
are elected at county elections for terms of four years, and 

1 When armed with a warrant, he may pursue the person against whom it is issued 
to any part of the state ; but he must have the warrant indorsed by a judge or jus- 
tice of the peace in the county, other than his own, in which the arrest is made. 

2 Political Code, § 4187 seq. 

3 San Francisco has five justices of the peace, but no constables. Other townships 
have one or two of each, except Los Angeles township, which has four. 



COUNTY OFFICERS 93 

receive fees for their services, except in some few counties 
where they receive definite salaries. Constables are peace 
officers. They assist the sheriffs of their respective counties 
in maintaining order. In the absence of the sheriff, the con- 
stable has all the powers conferred by law upon the sheriff 
as a peace officer. The constables must attend the sessions 
of their respective township courts, and, when required to 
do so, must serve and execute within their respective coun- 
ties, the summonses, writs, and other process issued by such 
courts. When called upon to do so, they also execute 
the orders of other state and national courts ; but no con- 
stable may execute the order of a township court in the 
township in which it was issued unless he is the constable 
of that township. 

56. Duties of the District Attorney. 1 — 1. The district 
attorney is the public prosecutor of the county. It is his 
duty to investigate every public offense committed in his 
county, and to prosecute before the courts all persons 
against whom he has evidence of guilt. 

2. He must act as attorney for the county in any civil 
suit in which the county is a party, either as plaintiff or de- 
fendant. He must also act as attorney for the state in 
any civil suit brought by or against the state in the courts 
of his county. 

3. He must " give, when required, and without fee, his 
opinion in writing, to county, district, and township officers, 
on matters relating to the duties of their respective offices." 

4. He must attend meetings of the grand jury when it 
is investigating crimes that have been committed, and he 
draws all indictments. 

1 Political Code, § 41 S3- The district attorney is the county attorney. One must 
not be confused by the word district. 



94 COUNTY GOVERNMENT 

5. Four times each year he must file with the auditor 
an account of all money received by him in his official ca- 
pacity, and must pay the same to the treasurer. 1 

57. Duties of the Public Administrator. 2 — When a 
person dies, it is the intention of the law that his property 
shall be distributed according to his will ; that it shall pass 
to his lawful heirs if he leaves no will ; or that it shall pass 
to the state if he leaves no will and no heirs. 

The one who sees that the terms of a will are carried out is called 
the executor of the will. He is usually nominated in the will, but he is 
not the legal executor until he is appointed by the superior court. 
Within thirty days after the death of the person making the will, the 
will must be filed for probate with the clerk of the court. When it is 
probated, — that is, approved or accepted by the court, — the court 
appoints as executor the person nominated in the will, unless he is 
shown to be an incompetent person. " Letters testamentary " are 
issued to him, authorizing him to take charge of the estate, collect 
all money due the deceased, pay his debts, and distribute the property 
according to the will. He must, at stated times, designated in the law, 
report to the court ; and must render a final account when his work 
as executor is complete. 

If the judge of the court is not satisfied with the person named as 
executor in the will, he must appoint some one else. " Letters of ad- 
ministration " are issued to the person appointed, and he, as admin- 
istrator of the estate, must take charge of the property and distrib- 
ute it according to the will. 

When a person dies leaving no will, his heirs, if any appear, may 
ask the court to appoint one of their number, or some one else, to act as 
administrator of the estate. After his appointment the administrator 
must settle up the affairs of the deceased and distribute his property 
according to law, accounting to the court for all his acts in the matter. 

If a person dies leaving no will and no known heirs, or 
if he leaves heirs and they for any reason fail to have an 

1 See also Chapter XV for further information respecting the district attorney. 

2 Code of Civil Procedure, § 1726 seq. 



COUNTY OFFICERS 



95 



administrator appointed, the public administrator must 
take charge of the property. He must in every case 
apply to the court for letters of administration, and must 
present to the court every six months (in January and July) 
a report showing in detail the condition of every estate on 
which he is administrating, or has administrated, since 
his last report. If heirs appear and establish their claim 
to any estate, he must turn the property over to them 
according to the orders of the court, or if they have an ad- 
ministrator appointed, he must surrender the estate into 
the new administrator's keeping. At the time of making 
his semiannual report, he must deliver to the county 
treasurer any money belonging to estates for which no 
heirs have appeared. The treasurer turns such money over 
to the state. Real estate belonging to deceased persons 
who have no heirs also " escheats " to the state. 

58. Duties of the County Health Officer. 1 — The board 
of supervisors of every county must appoint a county 
health officer. His term of office is one year, and his sal- 
ary is determined by the board. He must enforce, outside 
of incorporated cities and towns, all state laws and county 
ordinances that pertain to the public health, and all orders 
issued by the state board of health. The board of super- 
visors may also appoint deputy health officers for unincor- 
porated towns, whose salary shall not exceed $100 a year, 
and who shall perform their official duties under the super- 
vision of the county health officer. (See §§ 99, 159.) 

59. Duties of the Horticultural Commissioner and of 
the County Board of Forestry. 2 — Upon the request of 
twenty-five owners of orchards, greenhouses, or nurseries, 
the board of supervisors must appoint a county horticul- 

1 Political Code, § 4225. 2 Statutes of 191 1, page 409. 



96 county government 

tural commissioner, from a list of eligible persons recom- 
mended by the state board of horticultural examiners. 
This board consists of the state horticultural commissioner, 
the dean of the agricultural college at the state university, 
and the superintendent of the state insectory in Sacramento. 

When a request for a county commissioner is presented to the su- 
pervisors, the state board of horticultural examiners, after publishing 
the matter throughout the county for thirty days, holds an examina- 
tion in the county. A list of those who pass the examination is then 
certified to the supervisors, who appoint the county horticultural 
commissioner from the list, to serve for four years. If no one passes 
the examination, the examiners must, after making inquiry throughout 
the county, name " five competent persons " and from this number 
the supervisors must appoint the commissioner to serve for one year. 

The horticultural commissioner may divide the county into districts 
and appoint a local inspector for each district. He may also, with 
the approval of the supervisors, appoint a deputy commissioner from 
a list recommended by the state examiners. The salary of the 
commissioner is six dollars for every day that he gives to the public 
service. The deputy receives $5, and each inspector $3.50, per 
day. These county officers may be appointed state quarantine 
guardians by the state horticultural commissioner, thus becoming a 
part of the state horticultural system (§ 153). 

It is the duty of the horticultural commissioner and his 
assistants to eradicate noxious weeds and insect pests. 
They have power at any time to inspect any orchard, vine- 
yard, nursery, packing house, storeroom, salesroom, or 
other premises ; and if noxious weeds, dangerous insects, or 
plant diseases are found, it is their duty to order the owner 
or person in possession of the premises to destroy the 
nuisance. If he refuses or neglects to obey the order, the 
commissioner, or any of his appointees, must at once attend 
to the matter, but the expense of the work is charged as a 
lien against the property. The commissioner and his 






COUNTY OFFICERS 97 

assistants may resort to any expedient that may be neces- 
sary to eradicate a dangerous disease, pest, or nuisance, 
even to the extent of destroying trees, vines, or plants. 
The commissioner must report annually to the state com- 
missioner, giving a statement of his official acts, and showing 
the general condition of the horticultural interests of the 
county. He must also attend the annual meeting of the 
state association of county horticultural commissioners. 

The board of supervisors of any county may appoint a county 
board of forestry to consist of five members, one from each supervi- 
sorial district. The term of office is four years and the members 
serve without pay. The duty of the board is to " have exclusive 
charge and control of all shade and ornamental trees, hedges, lawns, 
shrubs, and flowers growing or to be grown upon the public roads, 
highways, grounds, and property in the county." No such trees or 
hedges may be planted, trimmed, or removed without the consent of 
the board, except that this does not apply to the trimming of fruit 
or nut trees now growing along the public highways. With the 
consent of the supervisors the board may appoint a county forester 
to act as its executive officer. His salary must not exceed $ 150 a 
month. 

60. Duties of the Live Stock Inspector. 1 — The live stock 
inspector is appointed at the discretion of the supervisors 
to serve during the pleasure of the board, at a salary of 
$125 a month. " It is the duty of the live stock inspector, 
acting under the supervision of the state veterinarian 
(§ 154), to enforce all laws of the state of California, and all 
orders and ordinances of the board of supervisors of his 
county pertaining to the health and sanitary surroundings 
of all live stock in his county, and for that purpose he is 
hereby authorized and empowered, by and with the ap- 
proval of the board of supervisors, to establish, maintain, 

1 Political Code, § 4149 a. 
CIVIL GOV. IN CAL. 7 



98 county government 

and enforce such quarantine, sanitary, and other regulations 
as he may deem proper and necessary." 

61. Duties of the Fish and Game Warden. 1 — The fish 
and game warden is appointed at the discretion of the 
supervisors to serve for two years. His salary varies with 
the population of the county. It is his duty to enforce all 
state laws and county ordinances that pertain to the pro- 
tection of fish and game. He has power to arrest any 
person who breaks any of these laws or ordinances. " He 
shall report quarterly to the board of supervisors giving a 
detailed statement of all the arrests made, convictions had, 
and fines collected, and a general statement in regard to 
the management of his office." 

62. The Inspector of Apiaries. — If ten property 
owners in any county who are interested in bee culture 
present a petition to the board of supervisors stating 
that " foul brood," or other disease, is present in the 
apiaries of the county, the board must appoint an inspec- 
tor of apiaries. His salary is three dollars a day for the 
time he devotes to the duties of his office. He is appointed 
to serve during the pleasure of the board. His duty is to 
inspect all apiaries in the county and to see that they are 
free from disease. If he finds " foul brood," or other 
disease, in any apiary he orders the owner to eradicate 
the disease, either by proper treatment or by destroying 
the affected hives. If the owner fails to obey the order, 
the inspector must take such measures as may be necessary 
to render the apiary free from disease. He may destroy 
property if necessary. Any expense incurred by him in 
this work is borne by the county. 

63. Conclusion. — The duties of the court commissioner, 

1 Political Code, § 4149 c. 



COUNTY OFFICERS 99 

court reporter, probation committee, and the probation 
officer and his assistants will be found in Chapter XV. 
When we consider the duties of public officers, it should be 
kept constantly in mind that government exists to satisfy 
public wants and advance public interests. How are the 
wants of the people of our counties legally determined? 
By the legislature, or by the people through the initia- 
tive. When they are determined by the legislature in 
general terms, the supervisors must supply the details. 

If the duties of our county officers are reviewed, it will 
be seen that some of them relate directly, and some in- 
directly, to the satisfaction of our public wants and the 
advancement of our public interests. The duties of the 
assessor, treasurer, tax collector, and auditor are indirect, as 
they have to do with collecting, safe-keeping, and account- 
ing for the county funds. This work is very important, 
because without it the county government could not exist. 
The duties of the remaining officers relate directly to the 
active work of the government. They are engaged in 
running the governmental machine. The student should 
at this point review the duties of all county officers and 
should endeavor to see clearly behind each duty either a 
direct public want, or a necessary detail in the maintenance 
or supervision of the county government. 

Questions 

1. What are the names of your county officers ? 

2. Are any of the offices of your county consolidated ? 

3. To what class does your county belong ? (See Appendix C.) 

4. How many superior judges are there in your county ? 

5. How many judicial townships are there in your county ? How 
many road and school districts ? In what judicial township do you 
live? 



IOO COUNTY GOVERNMENT 

6. What is the present tax rate of your county ? 

7. If the county tax rate is 95^ on the $100, how was this amount 
determined? If Mr. A's property is assessed at $1800, how much 
county tax will he pay? If he thinks that his property should not 
be assessed so high, what can be done about it ? 

8. If a man builds a bridge for a county, with what officers will he 
have to deal, and how will he be paid ? 

9. How many incorporated towns or cities are there in your county ? 
(See the last California Blue Book.) 

10. What is meant by the police power of the board of supervisors ? 

n. If a landowner fails to pay the tax on his land, how long will 
it be before he loses it ? What steps will be taken in the matter by 
the tax collector ? 

12. To what extent does the legislature, and to what extent do the 
supervisors, legislate for a county ? 

13. By what right does the horticultural commissioner, or the in- 
spector of apiaries, destroy property in the discharge of his duty ? x 

*By the authority conferred upon him by state law. This is in exercise of the 
general police power of the state. Jhe state has unlimited power to protect its 
people and their property against nuisances, dangers, or pests of any kind. By this 
police power it may suppress any undesirable business, or it may regulate any of the 
activities of its people. It confers this power on boards of supervisors, city councils, 
and other state or local officers in as large measure in each case as may be necessary 
to safeguard the public interests. 



CHAPTER VI 
COUNTY GOVERNMENT — FINANCES AND MISCELLANEOUS 

Section i. County Finances 

64. Introductory. — A good deal has been said on the 
subject of county finances in Chapter V in connection with 
the duties of the board of supervisors, the assessor, tax 
collector, treasurer, and auditor. We shall now briefly 
consider the various sources from which a county obtains 
money, and how county money is spent. 

65. Sources of County Revenues. — A county receives 
revenue : — 

i. From fines imposed by justices of the peace and su- 
perior judges. 

2. From fees collected in the offices of the county clerk, 
sheriff, recorder, surveyor, public administrator, and by 
justices of the peace and constables. All fees are carefully 
regulated by state law, and are paid into the county treas- 
ury, except when the law permits them to be retained by 
the officers collecting them. 

3. From licenses granted by the board of supervisors, 
such as saloon licenses. 

4. From taxes imposed by the board of supervisors. 
The law fixes no limit to the county tax rate. All work 
done by a county is authorized by the state, and much of 
it is imposed upon the county by the state. The super- 
visors have the power to levy a sufficient tax to enable the 



102 COUNTY GOVERNMENT 

county government to do its work, and there is great 
variety in county tax rates throughout the state. For 
example, the county rate in Modoc county, including the 
road tax outside of incorporated cities, for the year 191 2 
was $1.16 on the $100; in Sutter county it was $1.96; 
and in Yuba county it was $2.66. 

5. From the state school fund which is apportioned among 
the counties by the state superintendent of public instruc- 
tion for the support of the public schools. 

6. From the state treasury to assist in supporting orphans, 
half orphans, and abandoned children. The state regularly 
distributes a comparatively small amount of money among 
the counties in proportion to the number of such children 
supported in public and private charitable institutions. 

7. From the sale of county property; such as produce 
from the county poor farm, or any lumber, machinery, fur- 
niture, or other merchandise that may be in possession of 
the supervisors and not needed by the county. 

66. County Bonds. — The money derived from the 
sources previously mentioned is intended to pay the ordi- 
nary running expenses of the county government. When 
the county wishes to undertake some unusual task, such as 
putting up an expensive public building, it may borrow 
money for the purpose, provided that its debts never 
amount to more than five per cent of the value of all the tax- 
able property in the county. A county borrows money 
by issuing bonds. A county bond is a promise of the 
county to pay a given amount of money, at a given time, 
at a given rate of interest. Before the supervisors can 
issue and sell bonds they must submit the matter to the 
voters at a regular or special election. The exact amount 
to be borrowed, the rate of interest to be paid, the time 



FINANCES AND MISCELLANEOUS 1 03 

that the bonds are to run, and the purpose for which the 
money is to be used must be published during at least four 
weeks before the election. The ballots used at the election 
must contain a general statement of the amount and pur- 
pose of the bonds. If two thirds of the votes cast at the 
election are in favor of the bonds, the supervisors must have 
them printed and must sell them at not less than par. 

The purpose for which the bonds are issued must of course be some 
undertaking for which the state law definitely authorizes the expen- 
diture of county money, otherwise the bonds are illegal. When money 
is borrowed for a certain purpose, it can be used for no other purpose. 
A county may borrow money for any length of time, not exceeding 
forty years. It may not pay a greater interest than six per cent. 
The supervisors must levy taxes each year to pay the interest on bor- 
rowed money ; and, during the second half of the time for which the 
money was borrowed, they must provide for laying aside each year 
a certain amount, determined by law and called a sinking fund, to 
be used in paying the debt when it falls due. 

67. The Spending of County Money. — Every county 
has its own money, in its own treasury, but it can- 
not spend a cent of it except for purposes authorized by 
state law. Concerning the manner in which it is spent 
we need only to sum up what has already been said. As 
we have seen, it is first appropriated by the supervisors. 
They appropriate most of it by placing it in various funds. 
After a fund has been established for a certain pur- 
pose, money may be drawn from it by order of the board 
or officer having immediate charge of the work. Money 
is drawn from the general fund on special orders issued by 
the supervisors. The treasurer pays money out only 
on warrants issued by the auditor ; so that every order 
must be drawn on the auditor, no matter by whom or 
against what fund it is drawn. 



104 COUNTY GOVERNMENT 

The law intends that every county shall conduct its ordi- 
nary business on a cash basis; that is, that the running 
expenses of each fiscal year shall be paid out of the revenues 
provided for the year. Debts carried from one fiscal year 
into another cannot be paid until all the needs of the suc- 
ceeding year have been provided for. If a surplus remains, 
old debts may be paid, otherwise they remain unpaid. 
This of course does not apply to debts that result from the 
sale of bonds. 

68. Suits against a County. — Inasmuch as a county 
acts as the agent of the state in everything that it does, one 
cannot sue a county except in so far as the state law permits. 
The law permits a county to be sued for the value of mer- 
chandise or material of any kind that has been furnished, 
or for labor that has been performed, provided that the 
material was furnished or the labor was performed in a 
manner prescribed by law, and for the accomplishment of 
some purpose authorized by law. A county cannot be 
sued for the blunders or the carelessness of its officers. In 
case of carelessness an officer may be sued personally, 
but not the county. 1 If the supervisors should purchase 
merchandise, or cause labor to be performed, for the county 
without definite authority of law, neither could be lawfully 
paid for from the county treasury. 2 

One is likely to obtain little satisfaction in suing a county, even if 
the debt is a lawful one. This is true because judgment against a 
county only converts a disputed claim into a valid one. 3 It does not 
insure payment, because neither public nor private property can be 
seized to satisfy the debt, and the treasurer will not pay it until the 

1 See Supreme Court decisions, 21 Cal. 113; 62 Cal. 180; 78 Cal. 303; 109 Cal. 
618. 

2 See decisions of the State Supreme Court, 10 Cal. 278; 116 Cal. 662. 

3 34 Cal. 285 ; 43 Cal. 270. 



FINANCES AND MISCELLANEOUS 105 

supervisors have appropriated money for the purpose. It stands on 
a footing with all other valid claims. If the supervisors refuse to 
order it paid, they may be compelled to do so by mandamus proceed- 
ings ; but even then they would have to appropriate the money from 
the surplus revenue for the year. That is, the necessary running 
expenses of the county would have to be paid first. Furthermore, 
judgment against the surplus revenue of a county for any particular 
year does not hold against the revenue for any subsequent year. 1 

When a person is dealing with a county, or any other 
public corporation, he is presumed to know its limitations 
and powers. The law puts on him the burden of deter- 
mining whether the transaction is legal or not. This means 
that before any person works for a county, sells it material, 
or lends it money, he should make certain that the work 
which he is employed to do, or the purpose for which the 
material or money is to be used, is definitely authorized by 
law. 

Section 2. Miscellaneous Matters 

69. The Removal of County Officers. — The power to 
remove elective county officers resides in the superior court 
and in the people. 

No officer can be dismissed by the superior court except 
for cause. " Willful or corrupt misconduct in office " is 
cause for dismissal. This may amount to a crime; or it 
may consist of nothing more than carelessness, incom- 
petency, or neglect of duty. The board of supervisors, 
the grand jury, or any person may charge an officer with 
misconduct ; and, if he does not resign, it is the duty of the 
district attorney to prosecute him before the court. If the 
district attorney is accused, the court must appoint an 
attorney to prosecute him. Any accused officer is en- 

1 107 Cal. 464. 



106 COUNTY GOVERNMENT 

titled to a jury trial. If crime is charged, conviction will 
result in dismissal from office in addition to the infliction 
of such punishment as the law provides. If the charge is 
misconduct not amounting to crime, a conviction will 
result only in dismissal from office. After conviction an 
officer may appeal to the higher state courts. 1 

The people may remove an elective county officer, who 
has been in office for six months, by means of the recall. 2 
No definite charge of misconduct is necessary. An officer 
may be recalled because of misconduct or incompetency, 
or simply because the people do not approve of his policies. 

The method of procedure is as follows : A petition, signed 
by voters equal in number to at least 20 per cent of the 
votes cast for all candidates for the office in question at 
the last regular election, is presented to the county clerk. 
The petition must demand that an election be called to 
choose a successor to the officer whom it is proposed to 
recall, and must contain a brief statement of the reasons 
for such action. Within ten days the clerk must examine 
the petition and reject all signatures except those of regis- 
tered voters. If the number of valid signatures is found 
to be insufficient, the persons who filed the petition are 
given ten days in which to secure additional signatures. 
The clerk again examines the petition, and if it is found to 
be correct, the board of supervisors must call a special 
election to take place in not less than thirty-five nor more 
than forty days. 3 Any qualified person wishing to be a 
candidate for the office may be nominated according to the 
provisions of section 1 188 of the Political Code (§ 10). 

1 Penal Code, § 758 seq. 

2 Statutes of 191 1, Extra Session, page 122. 

3 If there is to be a regular election within sixty days, the recall election may be 
held at that time, even if it should come after the fortieth day. 



FINANCES AND MISCELLANEOUS 107 

The sample ballot which the clerk sends to each voter 
must contain a statement in not more than two hundred 
words of the reasons for seeking the recall. If the officer 
in question so desires, the ballot may also contain a state- 
ment of his side of the case in not more than two hundred 
words. His name is not printed on the ballot as a candi- 
date ; but each voter at the election must vote " Yes " 
or " No " on the proposition of recalling him. The voter 
must also vote for one of the candidates whose names 
are printed on the ballot, whether he votes for or against 
the recall. If the vote on the recall proposition fails, 
the officer retains his position; if it carries, the candi- 
date receiving the highest vote is elected to succeed 
him. 

70. No Responsible Head to our County Government. — 
There is no way of promptly getting rid of an inefficient 
elective officer. Removal either by the superior court or 
by the recall is a slow and cumbersome process. There 
ought to be some method of dismissing an inefficient officer 
without either a trial or an election. Because of the lack 
of any such method there is no responsible head to any of 
our county governments. We have seen that the financial 
officers are to a certain extent under the control of the 
board of supervisors ; but, inasmuch as the board does not 
appoint them and cannot dismiss them from office, it can- 
not be responsible for their official conduct. The county 
government is conducted on the theory that the affairs of 
the county will be properly looked after if each officer does 
his duty as it is outlined in the state law. That is, the 
state legislature assumes to be the directing head of each 
county government. In assigning duties to officers the 
legislature in some cases gives detailed instructions ; in 



108 COUNTY GOVERNMENT 

other cases it confers authority in general terms, leaving 
room for the exercise of a large measure of discretionary 
power. In the exercise of this discretionary power each 
elective officer is his own master and is responsible to no 
one. The carelessness, incompetency, and waste that too 
often characterize our county governments are in large 
measure due to this lack of responsibility. 

71. A Possible Remedy. — What is needed is a respon- 
sible head to each county government. The recent amend- 
ment to the constitution permitting counties to adopt 
charters makes this reform possible. 1 According to that 
amendment the supervisors are the only county officers 
that must be elected. With respect to other officers each 
charter must provide " for the election or appointment of 
said officers, or any of them," and also for their removal. 
The board of supervisors could thus be made the head of the 
county government, with power to appoint and supervise 
any or all other officers, and to dismiss promptly those 
who for any reason fail to render honest and efficient serv- 
ice. If the powers and responsibilities of the supervisors 
should be thus increased, their salaries also should be in- 
creased. Many of the shortcomings in our county govern- 
ments at the present time, that are traceable to boards of 
supervisors, grow out of the fact that these officials are so 
poorly paid that they cannot give to the public service the 
time that it demands. 

It would be unsafe to place so much power in the hands 
of the supervisors unless they could be made to feel their 
responsibility to the people at all times. To state the new 
theory of county government in general terms : if the 
elective officers of a county were reduced to a small num- 

1 Section i\, article XI. 



FINANCES AND MISCELLANEOUS 109 

ber, 1 if all other officers were appointed by and made re- 
sponsible to them, and if they were made to feel a constant 
responsibility to the people, it is believed that the county 
government would become both more efficient and more 
responsive to the wishes of the people. A county charter 
may provide that supervisors be elected by the county at 
large from supervisorial districts, or that one supervisor 
be elected by each district. It is believed that election 
at large would cause supervisors to be more readily influ- 
enced by public opinion than they have been in the past. 
But the exponents of the new theory of county government 
rely mainly on the recall to bring to the supervisors, and 
to all other elective officers, a sense of their responsibility 
to the people. 2 

72. The Initiative and the Referendum. — Up to the 
present time our county governments have been purely 
representative in character. That is, we have delegated 
all power to pass county ordinances to boards of county 
supervisors. But the legislature of 191 1, which gave to 
the people of each county the power to recall their officers, 
gave them also the power to participate in passing ordi- 
nances. 3 

The initiative is the power on the part of the voters to 
pass ordinances. If a number of persons wish an ordinance 
passed, and the board of supervisors will not pass it, they 
may circulate among the voters a petition containing a full 
statement of the proposed ordinance. This petition is later 
filed with the county clerk, who must examine it within ten 
days ; and if it does not contain a sufficient number of valid 

1 Including always the supervisors and superior judges, and possibly the sheriff, 
district attorney, and one or two others. 

2 See outlines of the Los Angeles and San Bernardino county charters, Appendix D. 
8 Statutes of 191 1, Extra Session, page 125. 



HO COUNTY GOVERNMENT 

signatures, the persons who filed it have ten days in which 
to secure additional signatures. The clerk again examines 
it, and if it is then found to be correct, he must present it to 
the board of supervisors. The board must either pass the 
ordinance or submit it to the voters at an election. If the 
petition is signed by voters equal in number to at least 20 
per cent of the votes cast in the county for all candidates 
for governor at the last gubernatorial election, the super- 
visors must call a special election to consider the ordinance 
in not less than thirty-five, nor more than forty days; 1 
if the number of signatures is less than 20 per cent but 
more than 10 per cent, the supervisors must submit the 
ordinance to the voters at the next regular election. Before 
the election, sample ballots and copies of the ordinance 
must be mailed to each voter. Two statements of three 
hundred words each may be printed on the sample ballots, 
one by the persons proposing the ordinance, and the other 
by the supervisors showing why they object to it. Any 
number of ordinances may be submitted at the same elec- 
tion. An ordinance which has been adopted by the people 
cannot be amended or repealed without the consent of the 
people. 

The referendum is the power on the part of the voters 
to vote directly on ordinances that have been passed by 
the supervisors. No ordinance passed by the supervisors 
goes into effect for thirty days, except ordinances that are 
required by state law, and urgent ordinances enacted for 
the preservation of the public peace and safety. 2 If within 
the thirty days a petition protesting against the ordinance, 

1 Unless there is to be a regular election within sixty days. 

2 Such ordinances must be passed, and must be declared to be urgent, by a four- 
fifths vote of the supervisors. 



FINANCES AND MISCELLANEOUS III 

and signed by the voters equal in number to 20 per cent of 
the votes cast in the county for all candidates for governor 
at the last election, is presented to the county clerk, the 
ordinance is suspended from going into effect ; and if the 
supervisors do not repeal it, they must submit it to the 
voters at a special election, or at the next general election. 
If necessary an opportunity to secure additional signatures 
is given, as in the case of the initiative and the recall. 
Sample ballots must be sent out on which may be printed 
statements of not more than three hundred words each for 
and against the ordinance. If the ordinance is approved 
by the voters at the election, it goes into effect at once ; 
otherwise it is repealed. 



Questions 

1. What financial dealings does each county have with the state? 

2. How does a county pay interest on bonds? What are interest 
coupons ? 

3. Under what conditions may a county be sued ? 

4. If a county were to borrow money for some purpose not author- 
ized by law and should spend the money, could the lender of the 
money compel the county to repay it ? 

5. Under what conditions can one officer be held responsible for 
the official acts of another ? Why is there no responsible head to the 
county government ? 

6. What officers should be appointed ? 

7. What kinds of ordinances cannot be repealed by the people 
through the referendum ? 

8. It is specifically mentioned in the law that any ordinance grant- 
ing a franchise may be repealed by the people. Why ? 

9. In the petitions for the initiative and the referendum why is 
the vote for candidates for the office of governor taken as a basis for 
the percentages ? What is the basis for the percentages in the case 
of recall petitions ? 



CHAPTER VII 

CITY GOVERNMENT 

73. The Meaning of the Word City. — Two essential 
ideas are involved in the word city : (i) At least a few hun- 
dred people must live within a comparatively small area ; 
and (2) the community must be incorporated — that is, the 
state must have given the people of the community the 
power to manage their local affairs. In California there is 
no difference in meaning between the words city and town. 1 
When a community incorporates, it decides that its name 

shall be the city of •, or the town of , and the name 

in no way indicates the size of the place or the powers ex- 
ercised by its government. In some parts of the United 
States, especially in New England, the two words, as we 
have learned, have very different meanings. 

74. How Cities differ from other Public Corporations. — 
Little need be said on this subject at this point except to 
sum up what has been said in Chapter III. Every city and 
incorporated town has a charter, which is a grant of power 
to it from the state and which outlines its plan of govern- 
ment. It received its first charter when it incorporated, 
for to incorporate means, among other things, to get a 
charter. A city needs a charter for two reasons : (1) be- 
cause a thickly settled community has wants and interests 

1 Reference is here made to incorporated towns. Unincorporated settlements 
are generally called towns for convenience. When used in this sense the word of 
course has a very different meaning from the word city. 

112 



THREE KINDS OF CITY CHARTERS 113 

which the county government cannot look after; and (2) 
because the wants and interests of different cities are differ- 
ent, and therefore no one plan can be devised that will 
satisfactorily govern all cities. Each city must either have 
its own special plan of government, or, at any rate, all the 
cities of a state must be classified according to population 
and a plan be devised for each class. 

Quasi corporations have no true charters and are there- 
fore not incorporated. The law confers upon them certain 
corporate powers, and for this reason they are classed as 
public corporations. Instead of charters they are governed 
according to general laws; that is, certain general laws re- 
late to the government of counties, others to that of school 
districts, others to that of sanitary districts, etc. All quasi 
corporations of a certain kind are therefore governed alike. 1 
This is possible because the wants and interests of rural com- 
munities are comparatively simple and very much alike. 

75. Three Kinds of City Charters. — There are three 
kinds of city charters in use in California : special charters, 
class charters, and freeholders' charters. 

1 . Special Charters. — A special charter is one that is made 
directly by the legislature for a particular city. In a state 
where such charters are granted, a community wishing to 
incorporate presents its petition to the legislature and re- 
ceives a charter made especially for it. Such a charter may 
be amended only by the legislature. Special charters 
were the only ones granted in California previous to 1879, 
but none have been granted since then because the new 
state constitution adopted at that time forbids the legis- 
lature to issue any more such charters. Special charters 
are still in use in five towns (Appendix E) . As it would re- 

1 This rule varies ; see § 40. 
CIVIL GOV. IN CAL. 8 



114 CITY GOVERNMENT 

quire a special act to amend any of these charters, it has 
been impossible to amend them since 1879. * 

2. Class Charters. — A class charter is one that is made 
and adopted by the legislature for cities of a certain class, 
the class depending upon the population. Our legislature 
has divided the cities of the state into eight classes, 2 as 
follows : — 

First class, population of more than 400,000. 

First and one half class, population from 250,000 to 
40o,ooq. 3 

Second class, population from 100,000 to 250,000. 

Second and one half class, population from 35,000 to 
ioo,ooo. 4 

Third class, population from 23,000 to 35,000. 

Fourth class, population from 20,000 to 23,000. 

Fifth class, population from 6000 to 20,000. 

Sixth class, population not exceeding 6000. 

No city having a population of more than 3500 is com- 
pelled to use a class charter ; and, as a matter of fact, those 
of the fifth and sixth classes are the only ones that have 
ever been used. A few cities (Appendix E) are now (1913) 
using the fifth class charter, and a large number 5 of cities 
are using the sixth class charter. Class charters can be 
amended only by the legislature. 

* 73 Cal. 77, 78. 

2 Statutes of 191 1, page n, 

3 The first classification was made by an act passed in 1883, which provided for 
six classes and adopted a charter for each class. In 1897 the first and one half class 
was created ; but no charter was provided for it, as Los Angeles, the only city be- 
longing to the class, had a freeholders' charter. It was created for the purpose of 
fixing the number of police judges for Los Angeles. 

4 In 191 1 this class was created for the purpose of providing clerks for the police 
courts in the cities affected, — Berkeley, Sacramento, and San Diego. No charter 
was provided for this class as all of these cities had freeholders' charters. 

8 In 191 2 the number was 157. 



HOW A COMMUNITY INCORPORATES 1 15 

3. Freeholders' Charters} — A freeholders' charter is one 
that is drawn up by a board of fifteen freeholders (land- 
owners) who are elected for the purpose by the voters of 
a city, and is approved by the legislature after the voters 
have ratified it. To obtain such a charter a community 
must already be incorporated, and must have a population 
of more than 3500. It is really a special charter, but differs 
from the old " special charters " in the fact that it is not 
made by the legislature. The legislature has no power to 
alter or amend such a charter. When one is presented for 
its consideration, it must either approve or reject the charter 
as a whole. 

An amendment to a freeholders' charter may be sub- 
mitted to the voters by the city council, and, if ratified, is 
then either approved or rejected by the legislature. Fif- 
teen per cent of the voters may compel the city council to 
submit any desired amendment. All of our larger cities, 
more than thirty in number, have freeholders' charters 
(Appendix E) . This explains why the first, second, third, 
and fourth class charters are not used. 

76. How a Community Incorporates. 2 — A community 
begins to have wants and interests which the county govern- 
ment cannot look after as soon as it has a few hundred 
people living on two or three square miles of territory. It 
may provide for some of these wants and interests by forming 
itself, according to law, into a sanitary district, a fire dis- 
trict, a fighting district, a permanent road division, etc. ; 
but even if its territory should comprise all of these dis- 
tricts, one superimposed upon another, all of its needs 
would not be met. Besides, this would be very cumber- 

1 See the state constitution, article XI, section 8. 
* General Laws of California (1909), page 823. 



Il6 CITY GOVERNMENT 

some and expensive, because each district would have its own 
separate government and would have to impose its own 
specific tax. By incorporating, the community may gain 
the power to tax itself to provide for all of its local needs. 
After incorporation it may care for its own highways, reg- 
ulating their use and lighting them at night ; it may make 
such sanitary regulations as it sees fit; it may protect 
itself against fire ; and it may preserve order, regulate the 
sale of liquor, and control the operations of public service 
corporations within its borders. In short, it may do any- 
thing that its charter permits it to do, and every city char- 
ter attempts to convey sufficient power to provide for all 
local wants and interests. 

Any community having a population of at least five 
hundred may incorporate as follows : — 

i. A petition signed by at least fifty of its voters must be presented 
to the county board of supervisors. The petition must state the 
boundaries, must give the population and the name of the proposed 
town, and must ask that the community be permitted to incorporate. 

2. The board of supervisors must satisfy themselves as to the 
correctness of the facts stated in the petition, and must then call an 
election in the community to determine whether a majority of the 
voters favor incorporation or not. Municipal officers are chosen at 
this election to take charge of the affairs of the new town in case in- 
corporation carries. 

3. If a majority of the votes are for incorporation, the supervisors 
must issue a proclamation declaring the community to be incorpo- 
rated, stating its name, its boundaries, and the class to which it be- 
longs, and announcing the names of its first officers. A copy of this 
proclamation is sent by the county clerk to the secretary of state in 
Sacramento, who makes a record of the facts in the case, and this 
completes the process. 

The matter is not referred to the legislature ; the super- 
visors, in all that they do, act as the agents of the state. 



CHANGE OF BOUNDARIES 117 

The new city begins proceedings under the charter prepared 
by the legislature for cities of its class. If its population 
increases so that it passes to a higher class, it may change 
its charter by a vote of its people. 

77. Disincorporation. — The law provides a method whereby a 
city may disincorporate by a vote of its people. 1 The corporate 
existence of a city may also be terminated for cause by a decision of 
court ; 2 or, if a city was incorporated by a special act of the legisla- 
ture prior to 1879, it may be disincorporated by the legislature. 3 
Furthermore, communities have incorporated and have exercised 
municipal functions for a time, and, because of a falling off in popu- 
lation, have simply ceased to act as cities. In such cases their mu- 
nicipal powers lapse for want of use. 4 

78. Change of Boundaries. — No two cities may be consolidated 
without the consent of each. The city council, or board of trustees, 
of the larger city, upon the receipt of a petition from each city, signed 
by 20 per cent of its voters, must call an election in each city to deter- 
mine the question of consolidation. In order to be carried, the proposi- 
tion must be approved by a majority of the votes cast in each city. 
No outside territory may be annexed to a city without its consent 
as well as that of the city. The city council, upon the receipt of a 
petition from the outside territory, and another from the city, signed 
in each case by 20 per cent of the voters, must call an election to 
determine the question of annexation. In order to be carried, the 
proposition must be approved by a majority vote in the outside ter- 
ritory, as well as in the city. No territory may be excluded from a 
city without the consent of the territory in question, and of the city 
as a whole. The election in this case is called by the city council, or 
board of trustees, on receipt of a petition signed by a majority of the 
voters of the city. 

1 Kelseyville, Lake county incorporated in 1888, and disincorporated in 1902. 

2 Plainsburg, Merced county, was incorporated in 1892, and dissolved by the supe- 
rior court in 1893. 

3 The legislature in 1901 repealed an act passed in 1866 incorporating Downie- 
ville, Sierra county, and in 1909 repealed an act passed in 1858 incorporating Col- 
oma, Eldorado county. There are other such cases. 

4 Felton, Santa Cruz county ; Hornitos, Mariposa county ; Markleeville, Alpine 
county ; Meadow Lake, Nevada county, are examples. 



Il8 CITY GOVERNMENT 

79. The Relation of Cities to the United States. —The 
inhabitants of every city must obey national laws, and 
persons who break these laws are subject to arrest and 
punishment by national officers. A United States marshal 
may make arrests in a city without any reference to the city 
police department. On the request of the governor of a 
state the President will send federal troops into a city to aid 
in preserving order against mob violence ; or, if national 
laws are being broken, he may order federal troops to inter- 
fere without the request of the governor and even in spite 
of his protest. 1 In enforcing federal law within a city the 
United States does not deal with the city as a public cor- 
poration, but with the people of the city as individuals. 
They are under the national jurisdiction, as well as that of 
the city, county, and state. The United States deals with 
individuals also in the matter of carrying and distributing 
the mail. Post-office employees are appointed and paid 
by the national government, and are in no way responsible 
to any local government. 

80. The Relation of Cities to the State. — A city as a 
public corporation sustains a very close and vital relation 
to the state. It derives its corporate existence from the 
state. Its charter was granted by the state and may be 
repealed by the state. 2 When the legislature grants a 
charter to a city, it surrenders into the hands of the city 
government the power to legislate concerning local affairs ; 
a power which otherwise would reside in the legislature, 
except in so far as the legislature may have vested it in other 
public corporations. A city charter is therefore a grant of 

1 In 1894 President Cleveland ordered federal troops to restore order in Chicago 
in spite of the governor's protest. 

2 Many of our state supreme court decisions support this statement. See, for 
example, Blanding vs. Burr, 13 Cal. 343 ; Desmond vs. Dunn, 55 Cal. 242. 



THE RELATION OF CITIES TO THE STATE 119 

authority to the city to exercise within its borders a portion 
of the sovereign power of the state. Its powers are defi- 
nitely enumerated in the charter, and it may exercise no 
other powers. 

A city does two kinds of work : (1) it looks after its local 
or municipal affairs, and (2) it acts as the agent of the state 
in looking after matters of state-wide importance. 1 The 
municipal affairs of a city relate to such matters as the 
streets and their use, public parks, the granting of franchises, 
the care of city property, the control of public service cor- 
porations, the development of commercial possibilities, etc. 
These matters are of interest only to the people of the city. 
But there are other matters, which, on first thought, may 
seem to be only local in their importance, but which are 
really of vital interest to the entire state. This is true of 
education, because the citizens of every city participate in 
governing the entire state, and the well-being of the state 
depends in large measure upon the intelligence of its citizens. 
It is true of the suppression of crime and the preservation 
of order, because a city which neglects these matters becomes 

1 No clear line has ever been drawn between the municipal affairs of a city and the 
matters of state-wide importance under its control. Our state supreme court has 
declared certain matters to be municipal affairs, and others to be state affairs ; but 
it has not formulated a rule for making the distinction, except to state in very general 
terms that " A municipal affair is one which refers to the internal business affairs of 
a municipality." It has been held that the care and control of streets, parks, and 
public buildings; the issuing of licenses; the method of passing ordinances; the 
management of city elections ; and the protection of the public health are all munic- 
ipal affairs, and are thus controlled by charter provisions rather than by general 
laws. But it has been held that any general law is binding in a city, even though 
it relates to a municipal affair, if the charter contains no provision relative to it. 
See 118 Cal. 474 ; 126 Cal. 383 ; 127 Cal. 663 ; 141 Cal. 204 ; 161 Cal. 265 ; 132 Cal. 
373, 381. 

The annexation of territory, the public school system, and the courts and control 
of crime are held to be matters of state-wide importance, and are thus governed by 
general laws rather than by charter provisions. See 140 Cal. 554 ; 148 Cal. 625 ; 154 
Cal. 220; 155 Cal. 604. 



120 CITY GOVERNMENT 

dangerous to the state at large. Thus every city, through 
its school, police, and judicial departments, acts as the 
agent of the state. These departments are really branches 
of the state government, no matter how the persons com- 
prising them are selected, or from what source they are 
paid. Our American principle of local self-government 
thus works out in detail. 

Two important facts growing out of this dual nature of a 
city's work should be pointed out : — 

i. If a conflict should arise between a provision of a 
freeholders' or a special city charter and a general state 
law, the charter would prevail if the question at issue re- 
lated to any of the municipal affairs of the city; but the 
state law would prevail if a matter of state-wide impor- 
tance were involved. 1 

2. A city may be sued for any damage that may result 
from errors or negligence on the part of its officers, or agents, 
when engaged in looking after such municipal affairs as par- 
take of the nature of business enterprises, such as the sell-, 
ing of water, gas, or electric power; 2 but it may not be 
sued for any damage growing out of errors or negligence on 
the part of its officers, or agents, when looking after such 
municipal affairs as are necessary items in the carrying on 
of its government, such as caring for its streets, erecting 

1 A class charter is regarded as a general law, and for this reason it may be amended 
at any time by the legislature. Thus a class charter must not conflict with general 
laws, even in respect to municipal affairs. See 142 Cal. 694; also 143 Cal. 554. 

The question may be asked, why is a city that is governed by a class charter not 
a quasi corporation ? It is not for three reasons : first, a class charter is enacted 
for cities of a certain size, not for all cities in the state, and is, therefore, a general 
law in form and theory more than in fact ; second, it confers greater powers and 
privileges than are granted to counties or other quasi corporations, thus providing 
for the care of municipal affairs ; and third, it is used only by such cities of the 
required population as choose to adopt it. 

2 84 Pacific Reporter, 760. 



THE RELATION OF CITIES TO THE STATE 121 

public buildings, protecting the public health, etc., 1 or 
when acting as the agent of the state, 2 unless the city 
charter or the state law, as the case may be, makes the city 
liable for the damage. 3 

We are now in a position to understand a very vital dis- 
tinction between municipal and quasi corporations, which 
will further aid us in understanding the relations between a 
city and the state. A quasi corporation has no municipal 
affairs, but acts as the agent of the state in everything that it 
does. 4 This could not be otherwise because no quasi cor- 
poration has an existence separate from the state. Every 
such public corporation is a part of the state from every 
point of view. 5 From the point of view of its municipal 

1 45 Cal. 36 ; 51 Cal. 52 ; 61 Cal. 271 ; 115 Cal. 648. 

2 63 Cal. 13. 

3 The law permits cities or counties to be sued for injuries to property done or 
caused by mobs or riots. 

The courts of our various states uniformly hold that cities are liable for injuries 
to persons or property that result from errors or negligence on the part of its officers 
or agents when managing municipal business enterprises. The courts are also uni- 
form in holding that cities are not liable for injuries growing out of errors or negli- 
gence on the part of its officers or agents when looking after state affairs. But this 
uniformity disappears when injuries arise in connection with the management of the 
general municipal affairs of a city. In California, unlike the practice in most states, 
cities are not liable for injuries sustained through defective streets, street work, 
building operations, or through accidents that occur in connection with the work 
of the fire or the health department. 

4 To be sure, the common wants that give rise to the formation of irrigation dis- 
tricts, sanitary districts, etc., as well as many of the wants and interests of every 
county, are local in character; but they are practically the same in every neigh- 
borhood, or county, in the state, and thus each kind of quasi corporation may be 
and is governed by the same general law. A quasi corporation acts as the agent of 
the state, not because everything that it does is of state-wide importance, but because 
in everything that it does it is governed by, or acts under the authority of, general 
state law. No special law applies to it, and it has no true charter. 

6 It follows that no quasi corporations may be sued except in so far as the state 
law permits. In general the law permits them to be sued if necessary to compel 
them to fulfill their contracts, provided the contracts relate to transactions that are 
authorized by law. If, under any kind of contract or agreement, one should work 
for, sell material to, or lend money to, any public corporation — quasi or municipal — 



122 CITY GOVERNMENT 

affairs a city is a political organism separate and distinct 
from the state, for in respect to these matters its charter, 
if a freeholders' charter, has the power to set aside state law 
in case of a conflict ; but from the point of view of its affairs 
which are of state- wide importance it is a part of the state, 
and is governed by its charter in respect to these mat- 
ters only in so far as the charter is in harmony with state 
law. 

81. The Relation of Cities to the Counties in which they 
are Located. — There is no direct political relation between 
a city as a corporation and the county in which it is located. 
The city and the county do their work each independent 
of the other. Before a community incorporates, the county 
has charge of its local affairs. When it incorporates, it 
assumes control of these matters, and, in addition, becomes 
the agent of the state in attending to certain other matters 
which were previously attended to by the county. Thus 
in some respects the community on incorporating is sub- 
tracted from the county. But in other respects the county, 
although it has nothing to do with the city as a corporation, 
continues to serve the people of the city the same as before 
incorporation. 

The following county officers in their work must in 
greater or less degree take notice of city boundary lines : 
the supervisors, sheriff, surveyor, superintendent of schools, 
members of the county board of education, county health 
officer, and the recorder. The same is true of township 
justices of the peace and constables. The other county 
officers serve the people of the entire county irrespective 
of city boundaries. 

for some purpose not clearly authorized by law or charter, he could not recover pay- 
ment from the corporation. See 62 Cal. 641 ; 105 Cal. 151. 



THE RELATION OF CITIES TO COUNTIES 123 

The supervisors sustain the greatest loss of power in a community 
when it incorporates. We have seen that they have more discre- 
tionary power than other officers ; that is, that they have authority 
to do many things which they are not compelled to do. This makes it 
possible for them to apply the general state law to the local needs of 
their county, and to this end they are authorized to pass county or- 
dinances. Thus the supervisors, more than other county officers, are 
intrusted with the duty of caring for local wants and interests. But 
when a community incorporates, it assumes control of its own local 
affairs, and the authority of the supervisors relative thereto ceases. 
For example, a city has charge of its own highways, of public sanita- 
tion within its borders, and to its legislative council is intrusted the 
general police power which in unincorporated communities is exer- 
cised by the board of supervisors. The result is that practically no 
county ordinances, except those imposing county and school taxes, 
and those relative to conducting general elections, have any force 
within city limits. 

The county sheriff does two kinds of work: he is the executive 
officer of the superior court and also the county peace officer. As 
executive officer of the court his authority is in no way affected by 
city boundary lines, for he must serve attachments, executions, 
warrants, and other orders of the court in all parts of the county. 
As regards his duty as peace officer the case is somewhat different. 
The maintenance of peace in cities involves the enforcement of state 
law and city ordinances. The sheriff pays no attention to the en- 
forcement of city ordinances ; that is left to the city or town marshal, 
or the police. It is the duty of these municipal officers also to enforce 
state laws within city limits, but if they fail at any time to do this it 
is the duty of the sheriff to interfere. He seldom finds it necessary 
to interfere in any city that has a well-regulated police force. 

The jurisdiction of township courts within city limits varies. In 
some cities they have no jurisdiction over criminal cases; while in 
others they have concurrent jurisdiction with municipal courts over 
petty criminal cases (misdemeanors) which arise under state law. 
They nowhere have jurisdiction over cases arising under city ordi- 
nances, except by express provision of city charters (§ 204). Con- 
stables execute orders of township and other courts irrespective of 
city boundaries. They are also peace officers, with power to arrest 



124 CITY GOVERNMENT 

any person who is suspected of having broken any state law or county 
ordinance. They have no authority to enforce city ordinances, and, 
like the county sheriff, they usually take no part in enforcing state 
law in cities which have adequate police protection. 

It will be remembered that the county surveyor is the county en- 
gineer, and that he makes surveys by order of the supervisors or the 
superior court, or on the request of private individuals who pay the 
required fees. As county engineer or as surveyor for the supervisors 
he is almost never called upon for service inside of city limits ; J but 
city boundaries make no difference to him in his capacity as surveyor 
for the superior court or for individuals. 

City boundary lines make very little difference to the county 
superintendent of schools. About the only difference is that 
he is not required to approve the plans for school buildings to be 
erected in cities having boards of education. 2 In such cities also the 
local boards of education prepare courses of study for the schools, 
and grant diplomas of graduation to those who have completed the 
work of the grammar schools ; whereas these matters are looked after 
by the county board of education for other parts of the county. 

The county health officer has no authority whatever in cities. We 
have seen that the recorder, in addition to keeping a record of deeds 
and other papers, keeps a record of births and deaths and issues burial 
permits. In every city, burial permits are issued by the local health 
officer or clerk, and in every city having a freeholders' charter births 
and deaths are recorded by the health officer rather than the county 
recorder. 

82. Consolidated Cities and Counties. — A consolidated 
city and county is a single public corporation which does 
the ordinary work of a city, and, in addition, does for its 
people and the state at large the work which a county ordi- 
narily does within city limits. San Francisco is our only 
consolidated city and county. It is a municipal corporation 
governed by its charter ; but, inasmuch as it attends to a 

1 Of course he might do work for the county inside of a city, as, for example, in 
connection with the construction of county buildings. 

2 That is, cities using fifth class and freeholders' charters. 



CONSOLIDATED CITIES AND COUNTIES 125 

larger number of matters of state-wide importance than 
does an ordinary municipal corporation, more of its officers 
in the discharge of their duties are guided by state law 
than in any other city. The officers of such a corpora- 
tion must consist of the usual city officers, and as many 
from the county official list as are necessary to do the added 
county work. 1 

• If we think of the government of San Francisco as formed 
by combining the government of a California county with 
that of a city, it will be seen that, when feasible, offices 
and boards have been consolidated. The board of super- 
visors and the city council have been merged into one 
" board of supervisors." The city and county have one 
board of education, one assessor, one tax collector, one 
treasurer, one auditor, one superintendent of schools, one 
engineer, and one health officer. In each of these cases 
corresponding county and. city offices have been combined. 
But, on the other hand, there are both a justices' court 
and a police court ; a county clerk and a clerk of the board 
of supervisors, who is really a city clerk ; a district attor- 
ney and a city attorney ; a sheriff and a chief of police. 
Of this group, however, those which are taken from the 
county list have their duties considerably modified. Thus 
the criminal jurisdiction of the justices' court is transferred 
to the police court ; the county clerk does little except to 
act as clerk of the superior court; the district attorney 
gives his entire time to the prosecution of persons accused 
of crime ; and the sheriff's duty consists mainly in acting 
as executive officer of the superior court. Other officers 
from the county list are added, who exercise in San Fran- 

1 These latter are provided for in the charter, but their duties are in the main 
left to general state law. 



126 CITY GOVERNMENT 

cisco all the powers that such officers exercise in other coun- 
ties, because there are no corresponding city officers to whom 
any of their powers could be granted. This is tfue of the 
superior judges, the recorder, the coroner, and the public 
administrator. 

San Francisco was first incorporated in 1850. At that time it was 
a part of San Francisco county. In 1856 the county was divided, the 
northern part becoming the city and county of San Francisco, and the ■ 
southern part the county of San Mateo. The formation of the city 
and county was effected by a special act of the legislature. This act 
outlined the government of the corporation, and, although it was 
amended many times by succeeding sessions of the legislature, 1 it 
served as the charter of the city and county until 1899, when the 
freeholders' charter now in use was obtained. Sacramento became 
a city and county by a special act passed in 1858, but this act was 
repealed in 1863 ; and the city was reincorporated as the city of Sac- 
ramento, becoming once more a part of Sacramento county. 

The present constitution forbids the formation of con- 
solidated cities and counties, as well as of cities, by special 
acts of the legislature. The restrictions also on the legis- 
lature relative to the formation of new counties (article XI, 
section 3) make the matter even more difficult. No new con- 
solidated cities and counties can be formed until the legis- 
lature finds a way by which it can be done according to 
general law, and this is probably impossible until the con- 
stitution in this regard can be amended. 

Questions 

1. What is the difference in meaning between the word town as 
used in California and in New England ? Does the Word city have 
the same meaning in both places ? 

1 It was last amended in 1878 because the new constitution which was adopted 
in 1879 made further special legislation of that nature impossible. 



QUESTIONS 127 

2. If a special charter cannot be amended, how can a town that 
is governed by such a charter make any change in its government ? 

3. What is the difference between a special and a freeholders' 
charter ? 

4. What is the relation between the two statements that a commu- 
nity cannot be incorporated without its consent, and that the bound- 
aries of a city cannot be changed without its consent as well as the 
consent of others that may be affected thereby ? 

5. How does a city differ from a county in its relation to the state ? 

6. What are municipal affairs ? 

7. How does a city differ from a county in the matter of its lia- 
bility for the mistakes of its officers ? 

8. To what extent is a city subtracted from the county in which 
it is located ? 



CHAPTER VIII 
CITY GOVERNMENT — GENERAL MUNICIPAL OFFICERS 

83. The Contents of City Charters. — The charter of a 
city is a written statement of its powers, and an outline of 
its form of government. To be somewhat more specific, 
it states what officers the city shall have, what their quali- 
fications must be, how they shall be chosen, how long they 
shall serve, what their powers and duties shall be, and how 
they may be held to a strict performance of their duties. 
It provides for the various departments of the city govern- 
ment and assigns to each department its proper work and 
its corps of officers. In addition, it contains numerous 
provisions relative to the manner in which elections shall be 
conducted, the granting of franchises, the purchase of sup- 
plies for the various departments of the city government, the 
levying of taxes, the control of finances, and other important 
matters. 

Although city charters are alike in many respects, they 
differ widely from one another. Appendix E contains out- 
lines of the contents of the various charters in use in Cali- 
fornia. 

84. Officers and Departments. — Each charter provides 
for the general officers of the city, and assigns to them their 
duties. In larger cities various departments are provided 
for, each one usually consisting of certain of the general 
officers and certain special officers and employees. Char- 
ters differ widely as to details respecting these matters, but 

128 



GENERAL MUNICIPAL OFFICERS 129 

the following outline gives a general survey of city govern- 
ment : — 

I. The General Municipal Officers. 1 

1. The Principal Governing Board. 

2. The Mayor. 

3. The City Clerk. 

4. The financial officers : the Assessor, Tax Collector, 

Treasurer, and Auditor. 

5. The City Attorney. 

6. The Police Judge or Judges. 

II. The Municipal Departments. 

1. The Departments of Public Safety. 

a. The Police Department. 

b. The Fire Department. 

c. The Health Department. 

2. Other Municipal Departments. 

a. The Department of Public Works, including street 

work. 

b. The Department of Public Supplies. 

c. The Departments of Public Utilities. 

d. The Park Department. 

e. The Playground Department. 

3. The Departments of Education. 

a. The School Department. 

b. The Library Department. 

4. Miscellaneous Departments. 

a. The Civil Service Commission. 

b. Other Governmental agencies. 

We shall — in this chapter and the one following — 

1 Other officers may be regarded as departmental officers, as they are engaged in 
special work in connection with the various departments. 
CIVIL GOV. IN CAL. 9 



130 CITY GOVERNMENT 

briefly consider these various officers and departments in 
the order in which they are given. 

85. The Principal Governing Board. — The principal 
governing board of a city consists of a group of officers 
called councilmen, trustees, or commissioners, except in 
San Francisco where they are called supervisors, and in 
Watsonville where they are called aldermen. Their 
number in each city depends upon the charter. San Fran- 
cisco has eighteen, some cities have nine, some seven, but 
most cities have five. 

The council or board, like the county board of super- 
visors, acts by issuing orders and passing resolutions and 
ordinances. The manner in which it may legally act is 
determined by the charter in each city. At least a majority 
vote is required in every case, and more than a majority 
in certain matters. Some charters give the mayor the 
veto power, and some do not ; and many charters grant 
to the people the veto power in the form of the referendum, 
as well as the power to pass ordinances, even against the 
wish of the council or board of trustees, by means of the 
initiative. In every case, the passing of an ordinance re- 
quires a longer time and the observance of more exacting 
regulations than the passing of a resolution or the issuing of 
an order. Thus after the introduction of an ordinance it 
is referred to a committee which subsequently reports in 
favor of its adoption or rejection. It cannot be put upon 
its final passage until a certain time after its introduction, 
which is usually five or ten days according to the provi- 
sions of the charter. After its final passage it cannot go 
into effect for a certain number of days, usually thirty, 
unless it is an " emergency " measure. An order or a reso- 
lution may be introduced and passed at the same meeting. 



GENERAL MUNICIPAL OFFICERS 13 1 

Every charter requires that certain important matters can 
be disposed of only by ordinance ; such as the granting of 
franchises, the purchase or sale of real estate, the appro- 
priation of money exceeding a certain amount, usually from 
$100 to $500, etc. 

The powers that may be exercised by the council or board 
of trustees are definitely stated in the charter, and it is 
strictly limited to these powers. 1 They are practically 
the same in all cities, and include the power to levy taxes ; 
to equalize assessments ; to appropriate the city revenues ; 
to pass ordinances providing for the control, care, and use 
of streets, sidewalks, parks, playgrounds, wharves, docks, 
public buildings, and all other kinds of city property; to 
provide for the construction of new buildings, the opening 
of new streets, the putting in of sewers, and for all other 
necessary construction work ; to grant franchises, subject 
to such limitations as may be specified in the charter ; and, 
in the general exercise of the police power of the city, to 
grant licenses, abate nuisances, regulate or prohibit all 
business enterprises that may be dangerous to the general 
welfare, as well as to provide for the preservation of order, 
and the protection of the public health, safety, and morals. 

The council or board of trustees, like a county board of 
supervisors, exercises both legislative and executive func- 
tions in all towns using the fifth and sixth class and special 
charters, and in many of those using freeholders' charters. 
This is especially true in all cities having the commission 

1 In Von Schmidt vs. Widber, 105 Cal. 151, the state supreme court declares that 
a "municipal corporation can exercise no powers except those which are (1) granted 
in express words, or (2) are necessarily implied or incident to powers expressly granted, 
or (3) those indispensable to the declared objects and purposes of the corporation ; 
and any reasonable doubt concerning the existence of any power is to be resolved 
against the municipal corporation." 

See also 20 Cal. 98 ; and 106 Cal. 237. 



132 CITY GOVERNMENT 

plan of government. On the other hand, in some of our 
larger cities, the work of the council is almost exclusively 
legislative, the executive work being turned over to other 
officers and boards. 

Councilmen and trustees, more than any other city officers, 
except the mayor in a large city, should be men of ability 
and character, because no other officers are subjected to 
so many and so great temptations as they. Dangerous 
and questionable business enterprises desire licenses and 
often employ corrupt means to obtain them; private cor- 
porations seek franchises at a fraction of their value. Be- 
cause such officers have many times proved unfaithful to 
the trust imposed in them, most city charters provide for 
the recall, the initiative, and the referendum, ; and the legis- 
lature of 191 1, by a general law, granted these powers to the 
voters of every city in the state. 1 Some charters by a 
special provision make it impossible for franchises to be 
renewed without the consent of the voters, while in every 
city the granting of a franchise may be set aside by the use 
of the referendum. 

86. The Recall, Initiative, and Referendum. — The pro- 
cedure for bringing the recall, the initiative, and the refer- 
endum into operation is outlined in the law and in the va- 
rious freeholders' charters. In cities where the voters have 
these powers by virtue of the state law, the procedure in 
each case is the same as that required of the voters of a 
county in respect to the same matter. (See §§ 69, 72.) 
The number of signatures to the petition in the case of the 
initiative must equal 10 per cent, or 20 per cent, 2 of the 



1 The law in respect of any one of these powers does not apply to any city whose 
charter provides for it. 

2 The larger percentage necessitates a special election, 



GENERAL MUNICIPAL OFFICERS 1 33 

votes cast in the city for all candidates for governor at the 
last state election. In the case of the referendum signatures 
equal to 10 per cent of the votes cast for governor are re- 
quired. In the case of the recall, signatures equal to 25 
per cent of the votes cast for the office in question at the 
last municipal election are required. In cities whose char- 
ters provide for these powers, the percentages vary from 
5 to 40 per cent. 1 The procedure in each case is practi- 
cally the same as that outlined in the general law, except 
that in the case of the recall, the officer whose removal is 
sought is deemed a candidate at the recall election unless 
he requests otherwise. 2 

87. The Mayor. — Cities and towns using fifth and 
sixth class charters, four towns using special charters, 3 
and four cities or towns using freeholders' charters 4 have 
no mayors elected by the people. Each of these cities or 
towns elects a board of trustees or a city council ; this body 
elects one of its number president, and he becomes the 
" mayor " of the city. In these cities the mayor has very 



1 A good many people who are interested in municipal problems believe that our 
laws and charters make it too easy for a dissatisfied minority to force recall, initia- 
tive, and referendum elections. Mr. William J. Lock, editor of "Pacific Munici- 
palities," in the November (191 2) issue of that publication, suggests that the 
soliciting of signatures to petitions for such elections be prohibited; and that all 
such petitions be left at certain specified public places for signatures. He points out 
that signatures are often procured by professional solicitors for a consideration, 
and that the issues involved are often misrepresented. He also suggests that 
counter petitions be permitted in order that the friends of an officer whose recall is 
proposed, the opponents of an initiative measure, or the supporters of a measure on 
which a referendary vote is desired, may have an opportunity to prevent the 
expense and turmoil of an election in case they are able to show a greater number of 
signatures than those who are trying to force the issue. See outlines of the Long 
Beach and the Vallejo charters, Appendix E. 

* According to the Santa Cruz charter he is not a candidate. 

3 Alviso, Santa Clara, Marysville, and Nevada City. 

4 Richmond, Palo Alto, Pasadena, and Sacramento. 



134 CITY GOVERNMENT 

little power except to preside over the board or council 
at its meetings, and to exercise general supervision over 
municipal business. He represents the municipality at 
social functions. Most cities using freeholders' charters 
have mayors elected by the people. 

The measure of power that should be given to the mayor 
is one of the unsolved problems of city government. Our 
California cities have met this problem in different 
ways. In some, he is little more than the presiding 
officer of the city council or board, of trustees ; in others, 
he has executive authority independent of the council, but 
of a strictly limited character ; in still others, he has very 
extensive powers. His relation to the city council and to 
other city officers determines the extent of his power. If 
he has the veto power, he is an important factor in city 
legislation. If he has the power to appoint a large number 
of city officers, and to dismiss those who fail to render 
efficient service, he is the real head of the city government. 
Charters differ widely as to the extent of power granted to 
the mayor in these particulars. 

All mayors serve the state as well as their respective 
cities by seeing that state laws are enforced within city 
limits. They may thus be regarded as state officers, and 
are usually given a large measure of power over the police 
department. As city officers they must enforce city ordi- 
nances, and usually have an important part in the man- 
agement of the municipal affairs of their respective cities. 

88. The City Clerk. — Each city has a clerk to keep a 
record of all orders, resolutions, and ordinances passed by 
the council or board of trustees. He issues burial permits 
in cities having no health officers, and performs such duties 
in connection with elections and other matters as are re- 



GENERAL MUNICIPAL OFFICERS 135 

quired of him by the city charter or by the state law. In 
some cities he is elected, in others he is appointed by the 
council or board of trustees. 

89. Financial Officers and Finances. — City assessors, 
tax collectors, treasurers, and auditors are elected or ap- 
pointed according to charter provisions. Special, fifth, 
and sixth class charters, and most of the older freeholders' 
charters provide that they shall be elected, while the more 
recent freeholders' charters provide that they shall be ap- 
pointed, except that some of these charters provide for an 
elective auditor. Their duties are similar to those of the 
corresponding county officers. This is equivalent to saying 
that city finances are managed in the same manner as 
county finances. That is, the city council or board of 
trustees makes up the annual budget, imposes the tax, 
equalizes assessments, and appropriates the municipal 
revenues ; while property is assessed, taxes are collected, 
the money is kept, and claims are audited by the respective 
financial officers. 

The sources from which the city derives its income may 
be summed up as follows : — 

1. Fines imposed by police courts. 

2. Licenses and franchises. 

3. Fees collected by city officers. 

4. Receipts from business enterprises. For example, a city may 
own a water system and sell water to its people. 

5. Taxes imposed by the legislative body. Most charters con- 
tain a limit beyond which the taxes cannot go, except for the pay- 
ment of the principal and interest of bonded debts. 

6. Receipts from the sale of bonds. Before the council or board of 
trustees can issue or sell bonds it must call an election, and two thirds 
of the votes cast must favor the proposition. The state law forbids 
any city to owe more money at any time than fifteen per cent of 



136 CITY GOVERNMENT 

the taxable property within its borders. No city may borrow money 
to meet its ordinary running expenses ; money may be borrowed only 
to pay for necessary real estate or to make permanent improvements. 
Every bond issue must be for a definite purpose which must be stated 
on the ballots used at the election, and the money realized from the 
sale of. bonds may not be used for any other purpose. 

90. The City Attorney. — The city attorney does the 
legal work of the city. He gives advice to other city officers 
on points of law; draws up bonds, contracts, and other 
papers for the city ; and represents the corporation in all 
civil suits in which it is interested. In some cities he pros- 
ecutes in the police courts persons who commit misde- 
meanors. In other cities this is the duty of the district 
attorney of the county, except in cities and towns using 
the sixth class charter, where it is attended to by the 
marshal. Where special prosecuting attorneys are pro- 
vided for the police courts, they are sometimes ap- 
pointed by city attorneys and sometimes by district 
attorneys. In some cities the city attorney is elected ; in 
others, he is appointed either by the mayor or by the council. 

91. Police Judges. — Every city has at least one judge 
whose duty is to try petty civil and criminal cases arising 
under its charter and ordinances. 1 Such judges are usually 
known as police judges, but in some towns and cities they 
are known officially as recorders, and in others as city 
justices of the peace. This difference in name indicates 
no difference in powers and duties. They are provided for 
in each case either by the city charter or by state law. 

Freeholders' charters could not legally provide for them prior to 
1896, but a constitutional amendment (section 8£, article XI), adopted 
in November of that year, removed this restriction. Most of the 

1 In San Francisco the police judges have no civil jurisdiction. 



GENERAL MUNICIPAL OFFICERS 137 

newer freeholders' charters, therefore, provide for police judges, but 
some do not. When not provided for in the charter, provision is 
made for them by state law. In such cases they are elected at county 
elections rather than at municipal elections. 1 Some few charters, 
instead of providing for special police judges, confer the powers of 
such judges on local township justices of the peace. 2 

Police judges, in addition to their powers to try petty 
cases arising under city charters and ordinances, also have 
power to try certain kinds of cases arising under state law. 
They are, therefore, a part of the general judicial system of 
the state, and will be considered more in detail in Chapter 
XV. 

92. The Selection of City Officers. — Little need be 
said respecting the selection of city officers at this point, 
as the matter was quite fully discussed in Chapter II. The 
method there described of nominating city officers by 
nonpartisan direct primaries is rapidly gaining ground. 
National questions, upon which our political parties are 
founded, can find no legitimate place in municipal elections. 
Municipal officers should be selected on their records as 
men, and according to their attitude respecting municipal 
questions. Most freeholders' charters of recent date pro- 
vide for nonpartisan direct primaries, and in some cases, 3 
old charters have been amended by the addition of this 
feature. 

The " short ballot " is another feature of recent charters 
and charter amendments. Our people are coming to be- 
lieve that the voters should elect only the most important 
officers, and that these elective officers should appoint all 
others. If the duties of an office are such that general 

1 These are the city justices of the peace above referred to. 

2 Alviso, Santa Clara, Gilroy, Nevada City, Napa, Grass Valley. 

3 San Francisco, Los Angeles, and San Diego, for example. 



138 CITY GOVERNMENT 

policies can legitimately determine the manner in which 
they are to be discharged, the incumbent of the office should 
be elected because the voters should have what they desire 
in respect to general policies. If the duties of an office are 
such that expert knowledge, rather than an adherence to 
general policies, is required for their proper fulfillment, the 
incumbent of such office should be appointed, because ex- 
perts can be selected more intelligently by one man, or a 
small group of men, than by the mass of the voters. Gen- 
eral policies may be illustrated by such questions as 
the following: Shall the city improve its water front? 
Shall it engage in the business of selling water, gas, or 
electricity to its people ? Shall saloons be licensed ? Shall 
gambling places be tolerated? Shall the city spend much 
or little money on streets, parks, playgrounds, and the 
like? Shall the state law be honestly and rigidly enforced 
in the city? The members of the council and the mayor 
are the only city officers who are concerned directly in 
determining what shall be done with respect to these 
problems. The work required of all other city officers — ■ 
the assessor, tax collector, treasurer, auditor, superintend- 
ent of streets, health officer, chief of police, fire chief, 
attorney, etc. — demands expert knowledge. These officers 
should be appointed not only because experts can best be 
selected in that way, but also because appointed officers 
can be held to a strict performance of their duties more 
readily than elected officers, and can be more easily dis- 
missed in case they prove incompetent. By electing a 
few officers and giving them power to appoint, supervise, 
and dismiss other officers and employees, the people know 
whom to hold responsible in case of incompetency or wrong- 
doing. This centralizes the city government, and gives it 



GENERAL MUNICIPAL OFFICERS 139 

greater efficiency and greater freedom of action ; while the 
recall places a remedy within reach of the people in case 
the elective officers prove weak or unfaithful. 

To guard against the appointment of city employees 
according to the pernicious " spoils system," a few charters 
provide for the selection of employees according to civil 
service regulations. This will be considered under the head 
of the Civil Service Commission (§ no). 

93. The Removal of City Officers. — Elective city officers 
may be removed, like county officers, by the superior court 
and by the people. Removal by the superior court is 
governed by the same sections of the Penal Code 1 as the 
removal of county officers. The procedure is the same and 
is as unsatisfactory in the one case as in the other (§ 69). 
Removal by the people by means of the recall has been 
considered (§ 86). 

All that need be added here is to repeat that the voters 
of every city have it within their power to recall any elec- 
tive officer by the provisions of a recent state law, 2 if not 
according to the city charter. It is not likely that our 
cities will often find it necessary to use the recall, 3 but the 
possession of this power by the voters has a wholesome 
effect upon municipal officers. 

94. The Commission Plan. — A number of recent city 
charters provide for a plan of government which is known 
as the " commission plan." It derives its name from 

1 §§ 758-772. 

2 Political Code, § 4058, a new section added in 191 1. See statutes of Extra Ses- 
sion, page 128. 

3 It has been used twice in Los Angeles, once in San Francisco, and once in 
the 28th senatorial district, Santa Clara county, resulting in removal from office in 
each case. It has been invoked unsuccessfully in Kings county, and in Oakland, 
Berkeley, and a few other California cities. Notable instances of its use outside of 
California have been in Seattle and Spokane. 



140 CITY GOVERNMENT 

the fact that in cities where it is applied the government 
is in the hands of the mayor and a small group of men 
known as commissioners, 1 usually four in number. They 
and the mayor constitute the city council, the mayor being 
the presiding officer and having a vote but no veto power. 
The mayor has general supervision over the city govern- 
ment, and each commissioner is at the head of an adminis- 
trative department. The legislative and executive powers of 
the city are thus placed in the hands of the same men. The 
charter provides for the various departments, and the com- 
missioners assign one of their number to each department. 
It is intended that the mayor and commissioners shall 
give their entire time to their official duties, and the sala- 
ries paid them are considerably larger than those paid the 
mayor and councilmen in other cities. 

The " short ballot " is one of the principal features of 
the " commission plan." The mayor, the commissioners, 
and the members of the board of education are in some 
cities the only officers elected. Other cities elect also the 
auditor, or the clerk, or the treasurer, or possibly two of 
these. Nonelective officers and employees are appointed, 
some by the mayor, and some by the council on the nomina- 
tion of the mayor or the various commissioners. Officers 
and employees may be dismissed at any time by the ap- 
pointing power. Elective officers are subject to the recall ; 
and the initiative and referendum are provided for. 

The plan according to which American cities have been 
governed since the independence of the United States is 
modeled after our state and national governments. This 
accounts for the fact that everywhere our municipal govern- 
ments are divided into legislative, executive, and judicial 

1 Sacramento and Pasadena have no elected mayors. See Appendix E. 



GENERAL MUNICIPAL OFFICERS 141 

departments, each department checking and balancing the 
other two. The " commission plan " is modeled after the 
government of a private corporation, on the theory that the 
work of a city as a body corporate is of greater magnitude 
than its work as a body politic, and that the transaction of 
business, rather than participation in government, con- 
sumes most of its energies. The stockholders of a business 
corporation elect a board of directors and give them full 
power to appoint and dismiss all subordinate officers and 
employees, and to manage the affairs of the corporation 
unhampered by the necessity of obtaining the sanction of 
any other board or officer. The success of the " commis- 
sion plan " thus far demonstrates that a similar centraliza- 
tion of power and responsibility in the government makes 
the government both more economical and efficient, and 
indicates that a solution for at least some of our municipal 
problems may have been found. 

The " commission plan " is sometimes called the Galveston plan, 
because it originated in Galveston, Texas, in 1900. It is also called 
the Des Moines plan because Des Moines, Iowa, was one of the first 
cities outside of Texas to adopt it. It is now used quite extensively 
throughout the Mississippi Valley and the far western states. Berke- 
ley and San Diego adopted it in 1909, and twelve other California 
cities have since then adopted it. 

95. The Features of a " Progressive " Charter. —The 
main features of what is called a progressive charter may be 
summed up as follows : Such a charter would provide for a 
nonpartisan direct primary ; for the election of officers at 
large, and not by wards; for the " short ballot," with the 
centralization of power and responsibility in a few hands ; 
for the initiative, the referendum, and the recall ; for the 
power to acquire and to operate public utilities ; and for the 



142 CITY GOVERNMENT 

selection of employees according to civil service regulations. 
It would contain the following stipulations respecting 
franchises : (a) that they should be granted by the council 
either with the approval of the voters definitely expressed 
at an election, or subject to a referendary vote on demand 
of a certain percentage of their number ; (b) that the term 
for which they could be granted should not exceed twenty- 
five or thirty-five years, or should be for an indeterminate 
period contingent upon the good behavior of the grantee ; 
(c) that each franchise should be granted on condition that 
the grantee pay to the city a definitely stated percentage 
of the gross receipts arising from the use of the franchise ; 
and (d) that every franchise should contain a provision to 
the effect that on its expiration the city should be at liberty 
to acquire the property used in the enjoyment of the fran- 
chise at a price not to exceed its actual physical value. 

Questions 

(Each pupil should be able to answer the following questions re- 
specting his own city.) 

i . What departments are provided for in the city charter ? 

2. By what name is the legislative body known? Of how many 
members is it composed? How long do they serve? When and 
where do they meet ? 

3. Does the charter provide for the initiative, referendum, and 
recall ? If so, what percentage of signatures is required to begin pro- 
ceedings in each case ? 

4. Does the charter provide for a mayor with great or restricted 
powers ? 

5. In voting for city officers are the voters confronted with a long 
or a short ballot ? 

6. If bad management or corruption is discovered in any depart- 
ment of the city government, can the responsibility be definitely 
located ? 



QUESTIONS 143 

7. How are candidates for office nominated? Are appointments 
made according to civil service rules ? 

8. Does the charter provide for a police court ? How many judges 
compose the court ? What other officers and employees are regularly 
attached to the court ? 

9. What township justice or justices of the peace has or have 
jurisdiction in the city? Is such jurisdiction confined to civil suits, 
or does it include misdemeanors which arise from the breaking of 
state law ? Has the office of police judge in the city been given to 
the justice of the peace of the township, or is the police judge a dif- 
ferent person ? 

10. Are the police judges elected at city or county elections, or 
are they appointed ? How long do they serve ? 

11. What city officers are appointed and by whom? What ones 
are elected ? 

12. What provisions does the city charter contain respecting the 
granting of franchises ? 



CHAPTER IX 
CITY GOVERNMENT — THE MUNICIPAL DEPARTMENTS 

Section i. The Departments of Public Safety 

96. Introductory. — The police, fire, and health depart- 
ments of a city are the great departments of public safety. 
The public wants and interests looked after by the police 
department are classed as matters of state-wide impor- 
tance by our supreme court ; while those intrusted to the 
care of the fire and health departments are classed as mu- 
nicipal affairs. This distinction makes no difference in 
the management of the three departments. They are all 
provided for and controlled by city charters and ordi- 
nances. To be sure there are numerous state laws rela- 
tive to these important matters; but such laws are in- 
tended to supplement, rather than to limit or in any way 
impair, the provisions of charters and ordinances. No 
conflict is thus likely to occur between any state law and 
any municipal regulation. In case of such a conflict, the 
law would prevail if the question at issue should relate to 
the control of crime; but the charter or municipal ordi- 
nance would prevail if the question should relate to pro- 
tection against fire or to the preservation of the public 
health. 

97. The Police Department. — In cities using fifth and 
sixth class and special charters, the head of the police 
department is called the marshal. He is elected by the 

144 



THE MUNICIPAL DEPARTMENTS 145 

people, except in cities using the sixth class charter 
(p. 434), and in many places is the only member of the 
department. The board of trustees provides funds, ap- 
points assistants, and establishes rules for the department. 

In cities having freeholders' charters, the city council 
determines the number of men that shall constitute the 
department and fixes their salaries. In the smaller of such 
cities, the council also has general control of the depart- 
ment and appoints its members, unless this power is vested 
in the mayor. Larger cities have police commissions, 
which usually consist of three, but sometimes of five, mem- 
bers. They are either appointed by the mayor or consist 
of the mayor and certain other elective officers. Some of 
the newer charters place the police department under the 
control of one commissioner appointed by the council 
from its own members (§ 94). The commission, whether 
it consists of one person or more than one, appoints the 
members of the department, provides for their discipline, 
adopts rules for their government, and dismisses those who 
fail to do their duty. 

The police force of a large city is organized on a military 
basis. Its officers consist of the chief of police, lieutenants, 
sergeants, and captains. The rank and file of the force 
are frequently called patrolmen. The city detectives con- 
stitute an important branch of the department. In order 
that all parts of the city may be adequately protected, its 
area is divided into police districts, and certain members 
of the department are assigned to each district. Others 
must be ready at all times for service in any part of the city. 

It is the duty of the police department to preserve order, 
to suppress crime, and to give aid to people who need its 
assistance. To preserve order means, among other things, 

CIVIL GOV. IN CAL. IO 



146 CITY GOVERNMENT 

to prevent people singly or in groups from interfering with 
the peace and happiness of others, or from creating disturb- 
ances in public places. Disorder is not always crime, but 
it must nevertheless be prevented. Crime is the breaking 
of laws or ordinances (§ 200). The police do all in their 
power to prevent crime by being at their posts of duty, 
and frequently by giving warning or advice to people 
whose actions are of a suspicious character. When crime 
is committed, it is the duty of the department to arrest the 
offender and furnish proof of his guilt. When he is not 
known, the detective branch of the department is called 
into action. The city detectives usually know who the 
bad characters of the city are and where they live, but no 
man can be punished simply because he is a bad character. 
Some definite crime must be fastened upon him with suffi- 
cient clearness to convince a jury of his guilt. 

Photographs, records, and measurements are kept of persons who 
are arrested by the department. The Bertillon system of measure- 
ment is the one most commonly used. According to this system the 
following measurements are taken : length and width of head ; height 
of body ; distance from finger tips to finger tips when the arms are 
extended ; length of trunk ; length and width of each ear ; and the 
length and width of the forearm, and the little and middle fingers 
on the left side. These measurements, with other information such 
as the color of the eyes and hair, and the arrangement of lines on the 
finger tips, are carefully recorded. Since the same system is used in 
all large cities, persons with criminal records in different places are 
frequently identified by a comparison of records. The department 
also registers the location of all questionable places in the city, and 
the names of all persons connected with them. Furthermore, a list 
of all pawnbrokers is kept, and each one must report every twenty- 
four hours a complete description of articles that have been pawned. 

Not only does the police department preserve order and suppress 
crime, but it renders many services to strangers, and to people who 



THE MUNICIPAL DEPARTMENTS 147 

are in trouble on the streets. One can best realize the extent to 
which the people of any large city are dependent upon the police 
department by calling to mind the conditions in more than one city 
when some great calamity has paralyzed the department for a few 
hours. In Chicago, at the time of the great fire, in Galveston, when 
the city was almost destroyed by a tidal wave, and in San Francisco, 
at the time of the earthquake and fire, hundreds of criminals, taking 
advantage of the confusion, began almost instantly to rob and plunder, 
and continued until stopped by the militia. 1 

98. The Fire Department. — Protection against fire is 
so important that unincorporated communities are given 
the power to tax themselves for this purpose, by forming 
fire districts. When a community incorporates, it acquires 
this power along with others. In a city using a fifth class, 
a sixth class, or a special charter, the board of trustees 
provides for and has general control of the fire department. 
In every city using a freeholders' charter, the money for 
the support of the fire department is, of course, supplied 
by the council. In some of these cities the council exer- 
cises active control over the department; others have fire 
commissioners appointed by the mayor; in others, the 
police and fire departments are controlled by the same 
officials, known as police and fire commissioners ; and in 
those that are governed according to the commission plan, 
the fire department is under the control of one com- 
missioner. 

The head of the department in our larger cities is known 
as the fire chief. He is appointed by the council, the mayor, 
or the fire commission. Other members of the depart- 

1 In spite of criticisms that one occasionally hears, the police of our larger cities 
are among our most faithful and most deserving public servants. They are seldom 
absent from their posts of duty, and they never flinch in the face of danger. On 
the whole, they are poorly paid. Few people realize the extent to which the public 
is under obligations to them. 



148 CITY GOVERNMENT 

ment are appointed either by the chief, or in the same 
manner as the chief. 

Large cities are divided into districts for fire- righting purposes, and 
a fire engine house is located in each district. Each house is equipped 
with the necessary apparatus, and is supplied with a corps of men. 
The two great objects of the department are to save life and to save 
property, and for these purposes it.is supplied with apparatus such 
as fire engines, extension ladders, and life nets. The system of fire 
hydrants located in all parts of the city and the fire alarm system 
are important parts of the fire-fighting equipment. 1 

In spite of the splendid work of our fire departments, property 
amounting in value to many millions of dollars is destroyed each 
year by fire in our American cities, and many lives are lost through 
the same cause. Much of this loss is due to the fact that people 
are often crowded into old and unsafe tenement houses and unsafe 
places of business ; to poor electric wiring ; and to carelessness on the 
part of many people with matches, lighted cigar ends, hot ashes, etc. 

99. The Health Department. — The health department 
of every city, like the police courts and the public schools, 
is part of a general state system. At the head of the system 
is the state board of health, consisting of seven members, 
each appointed for four years by the governor with the 
approval of the state senate (§ 159). It meets in Sacra- 
mento at least four times a year, but its secretary main- 
tains a permanent officer there, and enforces its orders 
between meetings. In order that the state board may guard 
and protect the public health the law gives it great power. 
Not only does it enforce the laws of the state that relate 

1 City councils pass numerous ordinances to guard against fire. For example, 
a fire district is established in every large city, including the business section, within 
which only fireproof buildings may be erected ; all chimneys in the city are usually 
required to be provided with terra cotta linings ; electric wiring must be done accord- 
ing to established rules ; garages, steam laundries, and other dangerous kinds of 
business are strictly regulated ; people are forbidden to permit inflammable rubbish 
of any kind to accumulate on their premises, etc. 



THE MUNICIPAL DEPARTMENTS 1 49 

to the public health, but it has power to make rules and issue 
orders which county and city boards of health and health 
officers must obey. These local authorities must report 
to the secretary of the state board once a month all cases 
of contagious diseases. If local officers are unable to pre- 
vent the spread of any disease, or if they neglect to do their 
duty, the state board may step in and take charge of the 
work. It has power to quarantine an entire city, or any other 
part of the state, if it believes that such action is necessary. 

When studying the government of counties, we learned 
that the supervisors of every county must appoint a health 
officer (§ 58). As county health officers have no authority 
within city limits, the law requires that every incorporated 
town or city shall have either a board of health or a health 
officer. Most of the smaller towns have health officers, 
but some have boards of health. These officials are pro- 
vided for and appointed by the boards of trustees. Cities 
with freeholders' charters usually have boards of health 
appointed by the mayors, and health officers appointed 
by these boards. In cities that have the commission plan 
of government the health department is controlled by one 
commissioner. 

Our health departments give most of their time to the 
problem of preventing disease. They leave to physicians 
in private practice the care of people who are stricken with 
disease, except those in indigent circumstances, who are 
treated at county hospitals, and those who, because of 
the danger of contagion, are sent to public isolation hos- 
pitals. The work carried on for the prevention of disease 
exhibits two distinct phases : the fight against contagious 
diseases, and the fight against noncontagious diseases. 

The United States government guards our seaports, as 



150 CITY GOVERNMENT 

well as our Canadian and Mexican border lines, to prevent 
the introduction of diseases from foreign lands. People 
seeking to enter our country and found to be suffering 
from contagious diseases are held in quarantine 1 until 
cured, if curable ; if not curable, they are sent back to the 
places from which they came. The state board of health 
cooperates with the national government in this work, and 
also guards the border lines between California and other 
states. If necessary, it may quarantine any railroad car 
or any number of cars, at the state border, or may remove 
passengers to suitable places for treatment. 

When a case of contagious disease is discovered in any 
place in the state, the person making the discovery, whether 
he is a physician or not, is required by law to report the 
matter at once to the local health officer. This officer 
immediately quarantines the house where the patient is 
located; and if the disease is one that is very dangerous, 
such as smallpox or bubonic plague, the patient may be 
removed to some special place for treatment. 

The work of the state and local health departments for 
the prevention of noncontagious diseases consists of en- 
forcing the state pure food law, and such other laws and 
local ordinances as relate to sanitary conditions in and 
about private residences, schools, factories, and other places 
where people congregate. Furthermore, by the publi- 
cation of useful information, 2 an effort is made to educate 
the people to more healthful ways of living. 

100. The Work of City Health Departments. — People 
living in large cities are exposed to diseases to a greater 

1 The San Francisco quarantine station is on Angel Island. 

2 See the monthly bulletin issued by the state board of health. This may be 
obtained from the secretary of the board in Sacramento. 



THE MUNICIPAL DEPARTMENTS 151 

extent than people living in country places. Not many 
years ago our cities, as well as those of other civilized lands, 
were frequently visited by frightful epidemics which carried 
away thousands of victims. Because of our modern meth- 
ods of fighting disease, these great epidemics are probably a 
thing of the past. Most of the work of protecting the 
public health is done by city governments. The following 
are some of the things that the health department in a 
city does : — 

1. It enforces state laws and city ordinances that relate 
to the public health, and all orders issued by the state 
board of health. Its power to establish quarantines in 
dealing with contagious diseases has been mentioned. It 
also has power to provide isolation hospitals, and to order 
unsanitary buildings, public or private, closed. 

2. Formaldehyde, salicylic acid, and other poisons put 
in milk to prevent or delay natural fermentation have 
caused the death of many hundreds of young children in 
our large cities. Cows frequently have tuberculosis, and 
many people have contracted this dread disease through the 
milk which they have used. The health department in- 
spects milk at the time of its arrival in the city, or when 
it is being delivered to consumers, and causes impure milk 
to be destroyed. Inspectors also visit dairies to prevent 
the sale of milk from diseased cows. 

3. The health department inspects meat, vegetables, 
fruit, and other kinds of food that are offered for sale in the 
city, and causes the destruction of articles found to be in a 
state of decay or contaminated with disease germs. It 
also inspects the water used in the city. 

4. The department does what it can to compel people 
to keep the premises where they live in a sanitary condition. 



152 CITY GOVERNMENT 

It inspects the plumbing in public and private buildings, 
unless this duty is assigned to some other department. 

5. It is helpful to the school department. Many boys 
and girls do poor work in school because of weak eyes or 
some other physical defect. An inspector from the depart- 
ment visits the schools, examines the children, and tells 
teachers and parents what should be done in such cases. 

6. The department takes immediate care of people who 
are accidentally injured on the streets, by removing them 
to an emergency hospital, and caring for them until they 
can be removed to their homes or other hospitals. 

7. The health officer, who is the executive officer of the 
department, issues burial permits in the case of deaths that 
occur in the city. He also keeps a record of births and 
deaths, and reports these matters to the secretary of the 
state board of health, including in his report, when possible, 
the cause of every death. 

101. Some Facts that should be Remembered. — The national, 
state, and local governments do much to protect the people against 
disease, but much is left for the people to do. Here are a few simple 
facts that our health departments would like all people to remem- 
ber: — 

1. That disease germs do not flourish in fresh air and sunlight. 

2. That dirt furnishes a congenial home for disease germs. 

3. That tuberculosis or consumption is contagious; but that it 
is not inclined to take hold of people whose respiratory organs are in 
sound condition. People cannot inherit tuberculosis, though they 
may inherit a condition of lungs and throat that will invite the dis- 
ease. Fresh air and sunlight constitute the best protection against 
it. One should sleep with windows wide open. 

4. That one should let liquors and patent medicines alone; and 
that tobacco is injurious to growing boys. 



THE MUNICIPAL DEPARTMENTS 153 

Section 2. Other Municipal Departments 

102. Introductory. — In addition to preserving order, 
suppressing crime, protecting property against fire, and 
guarding the public health, every city must attend to 
many other matters of public interest. The most impor- 
tant of these are the construction and care of public build- 
ings, docks, and wharves ; the care of streets, parks, and 
playgrounds; the removal of garbage; the granting of 
franchises ; and the control of public utilities. 

Subject to the initiative and referendum, and to the 
necessity of consulting the people before bonds can be issued, 
the city council determines what shall be done concerning 
these matters. This is legislative work. In small cities, 
— those using fifth and sixth class and special charters, 
and some of those using freeholders' charters, — the city 
council or board of trustees, like a county board of super- 
visors, also does the executive work of carrying its own 
orders into execution. Larger cities have special depart- 
ments to attend to this executive work. The departments 
most commonly existing are the department of public 
works, the department of public supplies, the departments 
of public utilities, the park department, and the play- 
ground department. 

103. The Department of Public Works. — This is one 
of the most important departments of a city government. 
When it exists as a separate department, it is under the 
control of a board known as the board of public works, or 
of one commissioner, known as the commissioner of public 
works. Where there is a board, it usually consists of three 
persons, who are either appointed by the mayor or consist 
of the mayor and two others. These may be appointed by 



154 CITY GOVERNMENT 

the mayor, or they may be two elected officials holding ex 
officio positions on the board. The duties of the depart- 
ment are as follows : — 

i. It constructs municipal buildings, and keeps them 
clean and in repair. If the council provides for the erection 
of a new building, the department decides upon plans, 
advertises for bids, lets the contract to the most satisfactory 
bidder, and supervises the construction. It also repairs 
municipal buildings when necessary, and employs janitors 
to keep them clean. 

2. In like manner the department puts in sewers and 
builds wharves and docks when such work is required. 

3. Unless there is a separate department for the purpose, 
the department of public works has entire control of the 
streets. It opens new streets, paves and widens streets, 
and builds bridges and culverts. It also controls the use 
of the streets. No house may be moved through, and no 
lumber or other material may be piled in, the streets without 
its consent. It has charge of the trimming of trees along 
the streets, and of cleaning and sprinkling the streets. 

4. The department usually has charge of the disposal of 
ashes, rubbish, and garbage. This is a serious problem. 
In some of our cities this waste matter is collected by pri- 
vate scavengers and dumped outside the city limits. Some 
cities take it from the scavengers and carry it out to sea ; 
others burn as much of it as possible. In a few cities it is 
collected by city employees rather than by scavengers. 1 

1 This waste matter need not be all waste. The manner in which it is disposed 
of in New York is instructive. Ashes are used to fill in swamp lands, and city parks 
have been thus built up. Certain men pay for the privilege of picking over the rub- 
bish for rags, pieces of rubber, wood, and other things that can be used. The re- 
jected portions are burned by the city and the heat is used to run machinery. Men 
take the garbage from the city and make oils, soap, and perfumery from the fat that 
they extract from it. The solid parts are then made into commercial fertilizers. 



THE MUNICIPAL DEPARTMENTS 1 55 

5. The department enforces city ordinances relative to 
the construction of private residences. No one may build 
a house without a permit from the department. Inspectors 
are sent to examine the framework of the house, the foun- 
dations, the chimneys, and the electric wiring, unless these 
services are rendered by other departments. 

The department of public works in any of our large cities 
must appoint many officers and employees, such as a super- 
intendent of streets, a superintendent of public buildings, 
a chief of the street cleaning department, a city engineer, 
etc. 

City charters are far from uniform in respect to the duties they 
assign to the department of public works, and it will be found that 
some of the duties mentioned here are not infrequently assigned to 
other departments. In a city as large as New York, Chicago, or 
Philadelphia, the original department of public works has disappeared, 
and a number of separate departments have taken its place ; such as 
a department of public buildings, a street cleaning department, a 
street paving department, a department of sewers, etc. In San Fran- 
cisco the department of public works consists of a number of bureaus 
which are practically independent of one another. A history of the 
development of any large city would show that when it was small 
its council, or board of trustees, exercised executive control over 
all of its civic affairs ; that, as it grew to be a town of from ten thou- 
sand to twenty thousand inhabitants, police, fire, and health depart- 
ments, in addition to a general department of public works, were 
found to be necessary ; and that, as. it grew to be still larger, new 
departments had to be established from time to time, some to take 
over duties that had previously been discharged by the council, or 
the board of public works, and others to take charge of new kinds of 
work undertaken by the city as the scope of its governmental ac- 
tivity widened. 

104. The Department of Public Supplies. — The depart- 
ment of public supplies exists as a separate department 



156 CITY GOVERNMENT 

only in some of the cities that have adopted the commis- 
sion plan of government. The commissioner of public 
supplies has charge of the department. His duty is to 
act as purchasing agent for the city in procuring sup- 
plies for all departments under regulations established 
by the charter and the council. In most cities each de- 
partment purchases its own supplies, but in some the 
department of public works performs this duty for the 
others. 

105. The Departments of Public Utilities. — There are 
many things that a city must do or it would not be a fit 
place in which to live. This is true of the services rendered 
by the various departments that we have thus far considered. 
There are other things that may be taken care of by the 
city or may be left to private enterprise. This is true of 
the work of providing water, gas, electric power, and tele- 
phone and street car service. Such things as these are 
called public utilities. They are natural monopolies. 
That is, there ought not to be more than one corporation 
doing any of these things in one city. The existence of 
more than one street car system, or telephone system, is 
not only a great nuisance, but also a great expense to the 
people ; while the installation of a water system, or a system 
for manufacturing and distributing gas or electricity, is 
so expensive and involves such inconvenience to the people 
because of the work that must be done in the streets, that 
more than one such system should not be permitted to 
cover the same territory. This is the same as saying that 
such enterprises are natural monopolies, and that in re- 
spect to them competition cannot exist without serious 
inconvenience to the public. In view of this fact all 
enterprises of this kind should either be strictly regulated 



THE MUNICIPAL DEPARTMENTS 157 

in the interests of the public or should be owned by the 
public. 1 

European cities are far ahead of our American cities in 
this particular. This is especially true of the cities of 
Great Britain. Glasgow, Scotland, sells water, gas, and 
electricity to its people ; owns a municipal street car system ; 
owns large public markets, slaughterhouses, and stock- 
yards ; is in the laundry business, and the farming busi- 
ness, and owns a large number of tenement houses which 
it rents to its people. It also owns a splendid harbor from 
which it derives a large income. Manchester, Birmingham, 
Liverpool, and other British cities are not far behind in 
these respects. On the continent of Europe, in a somewhat 
less degree than in Great Britain but far beyond anything 
that we know of in America, municipal ownership of public 
utilities prevails. 

Municipal ownership of water systems is quite common in 
America. In California, more than forty cities own their 
own systems. A number of cities have electric light plants, 
either for the purpose of lighting their streets, parks, 
and public buildings; or for selling electricity to their 
people ; or for both of these purposes. 2 San Francisco has 

1 Section 23, article XII of the state constitution, — a recent amendment, — 
provides that any city may turn over to the state railroad commission the task of 
regulating all of its public utilities that are owned by private corporations. This 
has been done by a number of cities, including Oakland, San Jose, Bakersfield, 
Monterey, Napa, Palo Alto, Salinas, Petaluma, San Rafael, Ontario, Antioch, and 
others. See footnote, page 213. 

2 In 191 1 the following cities owned municipal water systems: Anaheim, Anti- 
och, Azusa, Biggs, Bishop, Colusa, Elsinore, Gilroy, Grass Valley, Gridley, Healds- 
burg, Imperial, Lakeport, Lincoln, Lindsay, Lodi, Lampoc, Long Beach, Lordsburg, 
Los Angeles, Monrovia, Mountain View, Nevada City, Newport Beach, Ontario, 
Orange, Palo Alto, Pleasanton, Redwood City, Rio Vista, Sacramento, San Ber- 
nardino, San Luis Obispo, Santa Ana, Santa Barbara, Santa Clara, Santa Cruz, 
Saus:li"o, Sebastopol, Suisun, Vallejo, Wheatland, Whittier, Yreka. 

At the same time the following owned municipal lighting plants: Anaheim, 



158 CITY GOVERNMENT 

made a beginning in the development of a municipal street 
car system. All city charters that have been granted during 
the last few years confer authority on the respective munic- 
ipal corporations to which they apply, to acquire by pur- 
chase or otherwise any or all public utilities. 

Cities that own public utilities have special departments 
of their governments to look after them. Each of these 
departments is usually under the control of three com- 
missioners appointed by the mayor. The commissioners 
appoint engineers and other employees and have general 
control of the work committed to their care. 

106. The Park Department. — As we have seen, the 
public parks in a small city are under the direct control of 
the council or board of trustees. In larger cities they are 
either looked after by boards of public works, or by 
park commissions. These commissions usually consist of 
three or five members appointed by the mayor, who ap- 
point park superintendents, gardeners, carpenters, painters, 
and other employees. They have general control of beauti- 
fying and caring for the public parks, and the grounds 
around all municipal buildings, and have charge of all 
museums, statues, and other works of art that are to be 
found in the parks. No statue may be placed in any park 
without their consent. 

People are beginning to realize that parks may be made 
to play an important part in preserving the public health, 
and more for this than for any other reason, large cities in 
all parts of our country are investing large sums in park 
lands. In some cases, they are moving buildings to make 
room for parks ; in others, they are filling in swamp lands. 

Azusa, Biggs, Gilroy, Glendale, Gridley, Healdsburg, Lodi, Palo Alto. Pasadena, 
Riverside, Santa Clara. 



THE MUNICIPAL DEPARTMENTS 159 

107. The Playground Department. — Some cities have 
playgrounds for children in connection with their parks, 
while others have separate sites altogether. Playground 
commissions, consisting each of three or five men and 
women, appointed by the mayor, have charge of these 
grounds. A supervisor is placed over each to direct the 
children in their play, and to prevent intruders from im- 
posing on them. It is intended that the playgrounds shall 
be made attractive to children, and to this end they are 
equipped with necessary buildings, swings, and other de- 
vices, and provision is made for sports of various kinds. 
Parents from time immemorial have realized that children 
need to play, but the necessity has not been recognized as 
a public want until within recent years. It is now so recog- 
nized on the ground of public health, as well as of public 
morals. The provision of playgrounds for children is the 
most recent burden assumed by our cities. 

Section 3. The Educational Departments 

108. The School Department. — The school department 
of every city is a part of the general school system of the 
state, which will be considered in Chapter XIV. It will 
there be seen that the schools of a city are managed on the 
same general plan as the schools of a country district. 
The school boards in larger towns and cities consist of more 
members and exercise a few more powers than rural school 
boards (§ 81). The teaching force of a city is under the 
immediate control of the city superintendent of schools, 
who is appointed by the board of education for a term of 
four years. 1 The larger cities have assistant superintend- 
ents, and every school building is provided with a prin- 

1 Political Code, § 1793. 



160 CITY GOVERNMENT 

cipal and a sufficient number of teachers. Freeholders' 
charters often contain statements of powers and duties of 
boards of education ; but, inasmuch as educational work 
is not one of the municipal affairs of the city, such state- 
ments are valid only in so far as they do not conflict with 
state law. They are unnecessary, because the law is quite 
complete in this respect, and they are either entirely omitted 
from the more recent charters, or are given in a very brief 
form. 

109. The Library Department. — As a means of educa- 
tion, libraries rank second only to public schools. They 
are regarded of such importance that, in addition to the 
county libraries referred to in Chapter V (§ 42, 10), the law 
provides a method whereby library districts, — public cor- 
porations with the power to tax, — may be formed in unin- 
corporated communities. The law further provides that 
the legislative body of any incorporated city may, and 
when petitioned by one fourth of the voters must, estab- 
lish a municipal library. 1 The fact that the state will 
compel a city to establish and maintain a library on petition 
of a minority of its voters would seem to classify this 
particular want as a matter of state-wide importance 
rather than as a municipal affair. 

The money for the support of municipal libraries is 
derived from city taxes. Such taxes in cities of the first, 
second, and third classes 2 cannot exceed thirty cents. 
These taxes are levied by city councils or boards of trustees, 
and the money when collected is held by city treasurers 
for library purposes. Instead of imposing a special library 
tax, city councils often appropriate definite sums for library 
purposes. 

1 Statutes of 1909, page 823. 2 Cities of over 23,000 population. 






THE MUNICIPAL DEPARTMENTS l6l 

Every city library is under the control of a board of 
library trustees. If not otherwise provided in the city 
charter, the board consists of five members appointed by 
the mayor. 1 The board provides a building, or buildings, 
for library purposes; appoints a librarian and necessary 
assistants ; purchases books, periodicals, and necessary sup- 
plies ; and makes rules for the management of the library. 
A large city usually has a principal library, and a number 
of reading rooms situated in different localities. 

Section 4. Miscellaneous Departments 

110. The Civil Service Commission. — The appoint- 
ment of public employees according to political influence 
is known as the " spoils system," a system which we are 
rapidly giving up in California. A few cities 2 governed by 
freeholders' charters have adopted the "merit system" ; that 
is, they have entered upon the reform of their civil service. 
Any such city has a civil service board or commission, con- 
sisting of from three to five members appointed by the 
mayor. The city charter states what employees shall be 
selected according to civil service regulations. In general, 
they include office employees, such as clerks, stenographers, 
and accountants, and other public servants except the 
chief officers of the city, the heads of departments, and 
certain important officials such as superintendents, in- 
spectors, and assistant city attorneys. Common laborers 

^his is a provision of the state law. Most freeholders' charters provide for 
library boards, five members appointed by the mayor or the council being the usual 
provision. Some cities have three members, while San Francisco has twelve. 

2 San Francisco, Los Angeles, Oakland, Sacramento, and Long Beach. The legis- 
lature of 1913 provided for the filling of many state positions by the merit system, 
and the new charter of Los Angeles county contains a similar provision respecting 
county positions. 

CIVIL GOV. IN CAL. II 



162 CITY GOVERNMENT 

are not included ; neither are members of the school depart- 
ment, as the qualifications of teachers are determined by 
state law. 

The civil service board does not fill vacant positions. 
It classifies the various positions which fall under its juris- 
diction, and prepares lists of persons who qualify for ap- 
pointment in the various classes. A person gets his or 
her name on one of these lists by passing an examination 
given by the board. Examinations, free and open to all 
eligible persons, are given at stated times, usually twice a 
year. They are competitive; that is, the name of the 
person receiving the highest mark is placed at the head of 
the list. 

When a position in the classified service is to be filled, the 
appointing power 1 notifies the civil service board of the 
fact. This board then submits to the appointing power, 
from the top of the list, the names of as many persons as 
the charter stipulates ; usually three, if that number are 
on the list. One of these must be appointed to the position. 
Examinations are also given for promotion, so that an 
employee may qualify for advancement. Any employee 
in the classified service may be suspended for cause by the 
authority that appointed him, but he may appeal to the 
civil service board, which has power to reinstate him. 

The merit system is in direct opposition to the plans 
and purposes of political bosses, and civil service reform 
cannot be expected to make headway in cities where bosses 
are in control. A civil service provision in a city charter 
is therefore no proof that the city enjoys the benefits of 
the merit system. An unfriendly administration may 

1 This may be the council, a board of commissioners, the mayor, or the head of a 
department. 



THE MUNICIPAL DEPARTMENTS 1 63 

render the charter provisions ineffective ; and no city should 
expect to escape from the demoralizing influences of the 
spoils system until its officers are in thorough sympathy 
with the principle that public servants should be chosen for 
the good of the service, rather than for strengthening the 
political position of the party in power. 

111. Other Governmental Agencies. — There are other 
governmental agencies in large cities that are not included 
under the departments mentioned above. 

The city pound is one of these. It is established by the 
city council, in the exercise of its police power, for the pur- 
pose of taking care of stray animals and enforcing city 
ordinances relative to the licensing of dogs. It is under 
the management of a poundmaster. 

Charters of the fifth and sixth classes empower the 
boards of trustees, where such charters are used, to estab- 
lish free markets and municipal employment bureaus. The 
more recent freeholders' charters also provide for employ- 
ment bureaus. 

The department of elections in San Francisco should 
also be mentioned here. 1 It consists of a board of five 
election commissioners, and a registrar of voters. The 
election commissioners conduct all elections in the city, 
aided by the registrar of voters, as explained in Chapter II. 2 

112. The Unity of a City Government. — The govern- 
ment of a city must necessarily be studied by considering 
its departments separately; but one should think of it as 
a unit. The departments are the arms of the government 

1 See outline of the San Francisco charter, Appendix E. 

2 There are many voluntary organizations of citizens in every city which do im- 
portant public work and exercise a pronounced influence over the city government. 
Among these may be mentioned the chamber of commerce, the merchants' exchange, 
charitable societies, improvement clubs, and the like. 



1 64 CITY GOVERNMENT 

reaching out in answer to the various public wants and 
interests. As a city increases in population and its munic- 
ipal needs multiply, the number of its governmental de- 
partments must increase ; but the unity of the municipal 
government should be kept constantly in mind, not only by 
the student, but by the voters, and especially by the officers 
and employees. This unity is not disturbed by the ex- 
istence of those departments which represent the state, 
because our principle of local self-government makes such 
departments municipal in practice; even in theory they 
form a harmonious part of the city government because 
they are engaged in satisfying wants which the people of 
the city have in common with the people of the state. 

Questions 

i. Why does the police department of a city in the work that it 
does represent the state? 

2. How are these departments organized in your city? 

3. Exactly what would you do in case a fire should break out in 
your home ? Do you know where the nearest fire alarm box is, and 
how to give the alarm ? 

4. How can a citizen best assist either the police, fire, or health 
department in its work ? 

5. What are the "municipal affairs" of a city? 

6. Does your city have a board of public works ? If so, how are 
its members chosen? If not, who has charge of the construction 
and repair work, the cleaning of streets, etc. ? 

7. Does your city have a city engineer? A superintendent of 
streets ? If so, how is each chosen ? 

8. What does your city do with its ashes, rubbish, and garbage ? 

9. Does your city have park and playground commissions ? 

10. How is the board of education in your city chosen ? Does the 
city constitute a school district, or does outside territory belong to 
the district ? 



QUESTIONS 165 

1 1 . Does your city have a public library ? If so, how is it man- 
aged? 

12. Is there a civil service provision in your city charter? If so, 
is it carried into effect ? If it is disregarded, who is to blame ? 



Additional Questions 

Appendix E consists of brief outlines of all the city char- 
ters in use in California. These outlines are given in order 
that our various city charters may be studied comparatively, 
and the following questions are intended to assist in such 
comparative study. 

1 . What are the essential differences between the charters of Los 
Angeles and Berkeley? Palo Alto and Berkeley? Los Angeles 
and Palo Alto ? 

2. Compare the charters of 1907 and 1909, and note the differences. 

3. Compare the charters of Riverside, Richmond, and Stockton 
with reference to the powers of the mayor and the council. 

4. Compare the charters of San Jose, Sacramento, Riverside, and 
Oakland with reference to the selection of the board of education. 

5. In how many ways are police judges chosen ? 

6. How do the charters of Stockton and Sacramento differ with 
respect to civil service ? 

7. To what extent are officers chosen by wards ? 

8. In what cities is an officer declared elected at the first election 
if he receives a majority vote ? 

9. Why is the charter of Richmond not a commission charter ? 
10. Compare the charters of San Francisco, Eureka, Riverside, 

and Oakland with respect to the department of public works, 
n. What freeholders' charters resemble the fifth class charter? 

12. Study the power of the mayor with respect to the following 
points : veto power, relations to the council, appointing power, 
power of removing other officers, and the ex officio positions which he 
holds. Do recent charters differ from older ones in respect to any of 
these points ? 

13. How does the charter of Petaluma differ from other charters 



l66 CITY GOVERNMENT 

of 1 91 1? How does it differ from the charters of Palo Alto and 
Riverside ? 

14. Compare the charters of Oakland, Los Angeles, Pomona, 
Alameda, San Diego, and Petaluma, with respect to the nomination 
and election of officers. 

15. Ideas in respect to city government have changed rapidly in 
recent years. We consider certain features as "modern" and "pro- 
gressive" (§ 95). Study the charters of 1909 and 1911 and observe 
which ones indicate a complete surrender to these ideas, and which 
ones indicate a compromise between them and older ideas. 

16. Study the charters that were adopted or amended in 1901, 
1903, 1905, or 1907 with respect to the following points: elections 
by wards, the size of the council, the powers of the mayor, and the 
powers of the council. 

17. In general when did the people of California decide in favor 
of elections at large rather than by wards ? In favor of nonpartisan 
elections? In favor of a small and powerful council? At what 
time was the idea that the mayor should possess great power most 
popular ? 

Note. — The years from 1909 to 1913 have been great years in the 
matter of charter making. During these years we have been en- 
deavoring so to alter the forms of our city governments that they 
will be more economic, more efficient, and more responsive to the 
will of the people than they have been in the past. Indeed, we 
have made the people of every city an actual part of the city gov- 
ernment. While we have been laboring with the forms of our 
municipal governments we have been gradually enlarging our views 
as to the work that these governments should undertake ; and there 
can be no doubt that the future will witness greater activity on their 
part than we have hitherto known. This activity will show itself in 
discharging old duties more thoroughly and in assuming new ones. 
Among the new duties will unquestionably be the acquisition and 
operation of public utilities. 



CHAPTER X 
INTRODUCTION TO STATE GOVERNMENT 

113. Relation of the State to Local Governments. — 

In the preceding chapters many references to the state have 
been made. We have seen it as a great controlling power 
behind counties, cities, school districts, and other public cor- 
porations ; and we have learned that these public corpora- 
tions are its instruments or agents, in bringing to the people 
the protection and benefit of its laws. The government of 
every public corporation is thus a branch of the state 
government. This is somewhat disguised by the thorough- 
ness with which we put into practice our principle of local 
self-government. If we had a centralized government, we 
could more clearly see the hand of the state in the manage- 
ment of public affairs, for then the will of the state would 
be enforced among us by officers appointed at Sacramento. 
But in order that local self-government may prevail, the 
authority of the state over local affairs J is manifested, not 
in the appointment of officers for the various localities, but 
in the enactment of laws and charters which create public 
corporations and assign to them their duties and powers. 

114. A Central State Government Necessary. — From 
what has been said it is clear that there must be a central 
state government with power at least to make laws for the 
entire state. This of necessity implies that there must be a 
system of courts of higher jurisdiction than the county and 

1 Including the enforcement of general laws in the localities. 
167 



1 68 INTRODUCTION TO STATE GOVERNMENT 

city courts, for if the law could be interpreted in each 
locality without the possibility of an appeal to a higher 
authority, it would mean different things in different parts 
of the state, and, in the confusion that would arise, the will 
of the state as a whole would not be enforced. From the 
emphasis that has been placed on the fact that state laws 
are enforced in the various localities by local officers, it 
might appear that a central executive authority is hardly 
necessary. But such an authority is necessary, not only 
to see that the various public corporations attend properly 
to the matters of state-wide importance that are committed 
to their care, but to do directly a large amount of public 
work which cannot be done by public corporations. A 
vigorous state government complete iii all respects is an 
absolute necessity. 

115. The Relations between the Nation and the States. 
— Inasmuch as the political relations existing between the 
American nation and the states that compose it are dis- 
cussed in all general textbooks on civil government, a brief 
summary of the main points in the discussion is all that 
need be given here : — 

i. The people of the United States have certain common 
wants and interests which constitute their national affairs. 
The national government was created to look after these 
national affairs. 

2. The American people could adopt any plan of govern- 
ment that would be acceptable to a majority. They have 
chosen to establish a federal republic. The United States 
is a nation rather than a confederacy or a league, because 
it is a union of people rather than a union of states, and 
because the national government, in looking after our 
national affairs, deals with people rather than with states. 



THE RELATIONS BETWEEN NATION AND STATES 169 

It is a federal republic because the people that compose it 
are divided into groups called states, which in respect to 
all matters of government other than national affairs are 
practically independent of the national government and of 
one another. The national government cannot interfere 
with the states in the exercise of their respective powers ; 
neither can the states interfere with the national govern- 
ment. Each possesses a modified sovereign power. Com- 
plete sovereignty rests with the American people. By 
amending the national Constitution, or by discarding it 
and adopting a new one, they could modify in any manner 
the relations between the federal government and the states. 

3. The American people have delegated to the national 
government certain powers which are definitely stated, or 
implied, in the national Constitution. The government 
may exercise only these delegated powers, together with 
such powers as are incident to them, and such other powers 
as are implied from the Constitution. The people have 
denied certain powers to the national government, certain 
powers to the states, and certain powers to both the national 
government and the states. The states may exercise all 
powers not denied to them, nor granted exclusively to the 
national government. The powers of the states are nowhere 
definitely enumerated. They are practically without limit, 1 
although they are subject to certain definite restrictions. 

4. The American people in granting certain powers to 
the national government, and reserving others to the states, 

1 In the sense that they cannot be definitely stated and numbered. The tenth 
amendment to the national Constitution provides that "The powers not delegated 
to the United States by the Constitution, nor prohibited by it to the States, are 
reserved to the States respectively, or to the people." The powers thus reserved 
to the states, or to the American people, are often referred to as residuary powers. 
It would be impossible to name them. 



170 INTRODUCTION TO STATE GOVERNMENT 

intended that the national government and the states should 
work together, each upholding and supporting the other. 
Neither is a complete scheme of government within itself ; 
but taken together, they are intended to make provision 
for all of our public wants. 

From this brief statement of the political relations be- 
tween the nation and the states, it is clearly a very differ- 
ent relation from that existing between California and the 
counties into which it is divided. When a territory is 
admitted into the Union as a state, Congress does not 
grant to it certain powers which may be taken away or 
altered at any time. Congress simply declares that the 
people living in a definitely bounded area are to be regarded 
as a state. This confers upon them all the unnumbered, 
unnamed powers of statehood; and, according to our 
present Constitution, there is no legal method whereby any 
of these powers may be impaired or taken away. The 
federal government cannot impose duties on a state, except 
to a very limited degree, cannot control its government, 
cannot alter its boundary lines, cannot interfere with it 
in any way so long as it does not violate the national Con- 
stitution, laws, or treaties. Its powers are inherent ; that 
is, it may do anything not prohibited to it by the American 
people. A county, as we have seen, has granted powers ; 
that is, it may do only the things authorized by state law. 

116. The Sphere of State Activity. — The powers that 
may be exercised by a state cannot be definitely set forth, 
but they may be indicated in general terms : — 

1. Subject to a provision of the national Constitution 
that " the United States shall guarantee to every State in 
this Union a republican form of government," each state 1 

1 The word state means the people of the state. 



THE SPHERE OF STATE ACTIVITY 171 

has unrestricted power in establishing the details of the 
state and local governments. That is, each state deter- 
mines who may vote, 1 and what officers, institutions, and 
departments shall have charge of the public affairs of the 
state and its various subdivisions. 

2. The general police power of the state 2 is practically 
without limit. In the exercise of this power it preserves 
order, punishes criminals, abates nuisances, grants licenses, 
and regulates or prohibits business enterprises that may be 
dangerous to the public order, the public health, the public 
convenience, the public taste, or the public morals. 

3. The state regulates marriage and divorce, and estab- 
lishes the legal relations between husbands and wives and 
parents and children. 

4. The state establishes the conditions under which 
property may be bought, held, leased, mortgaged, loaned, 
sold, inherited, or disposed of by will or otherwise. 

5. The state establishes conditions under which business 
may be transacted. Contracts must be made, commerce 
must be carried on, and private corporations must conduct 
themselves according to those regulations. 3 

6. The state protects its people in the enjoyment of their 
constitutional rights and provides for the settlement of 
disputes that arise among them. 

7. The state supports, directs, and controls the great 
work of public education. 

8. The state does many things for the general welfare 
of the people, such as the protection and encouragement 



1 This is subject to the fifteenth amendment to the national Constitution. 

2 Including counties, cities, and towns. 

3 Subject to the first section of the fourteenth amendment to the national Con- 
stitution. 



172 INTRODUCTION TO STATE GOVERNMENT 

of their various economic interests, and the conservation 
of natural resources. 

117. State Constitutions. — All the states of our country 
have exactly the same powers ; that is, the people of each 
state have the same power as the people of every other state. 
But the powers of the various state governments differ, 
because the people withhold more power from their govern- 
ments in some states than in others. The form and com- 
position of a state government and the powers that it may 
exercise are matters that are determined by the state 
constitution. 

The word constitution as applied to government is used in two ways. 
In its broader sense it signifies the plan or method of government of 
any state or nation. According to this interpretation of the word 
every nation has a constitution. In a narrower sense it signifies the 
plan or method of government of a state or nation whose people have 
a voice in the government and have certain rights which the govern- 
ment cannot violate. According to this meaning — the usual mean- 
ing of the word — an absolute monarchy has no constitution. 

Constitutions originate in different ways. The constitution of 
England consists of ancient customs and certain important acts of 
Parliament, and may be amended at any time by Parliament. The 
constitution of France was adopted by the national Legislature and 
may be amended by the same power. The constitution of Italy was 
granted by the king, and may be amended by the Legislature with the 
consent of the king. The constitution of Japan was granted by the 
emperor and may be amended only by him. The constitution of 
Switzerland, like our national and state constitutions, was adopted 
by the people 1 and may be amended only by them. In any state 
or nation the authority to amend the constitution at any given time 
is the ultimate source of political power. 

A constitution in our country is in theory the will of the 
people directly expressed. This is true in fact of most of 

1 Some of our state constitutions were drawn up and adopted by conventions 
chosen for the purpose, and were not voted upon directly by the people. 



THE SECOND CONSTITUTION OF CALIFORNIA 173 

our state constitutions. With us all departments of the gov- 
ernment are entirely subordinate to the constitution ; for 
the will of the people as thus expressed cannot be legally set 
aside by any agency of government created by the people. 

118. The First Constitution of California. — The first constitution 
of California was drawn up by a convention which met at Monterey, 
September 1, 1849. The convention consisted of forty-eight dele- 
gates who had been elected in the various districts of California on 
the first day of August. The election was called by Gen. Bennet 
Riley, military governor of California. The convention completed 
its work and adjourned October 13, and the constitution was adopted 
by an election held November 13, 1849. At the same election, which 
was also called by General Riley, a governor, a lieutenant governor, 
and members of the legislature were elected. The legislature met at 
Monterey, December 15, 1849, and on December 20 the first governor, 
Peter H. Burnett, was inaugurated. Since California was not ad- 
mitted to the Union until September 9, 1850, it will be seen that she 
had a state government, and was acting in all respects like a state, 
for nearly nine months before she was legally a state. 

119. The Second Constitution of California. — The first 
constitution served as the fundamental law of the state 
for thirty years. In some respects it was not satisfactory, 
and our present constitution was adopted in 1879. A 
brief statement of the circumstances attending the change 
from the old constitution to the new will be found at the 
beginning of Chapter XVI, which contains also the text 
of the constitution itself. 



Questions 

1. What has been said about the state government in the preced- 
ing chapters of this book? 

2. How does the state control our local governments? 



174 INTRODUCTION TO STATE GOVERNMENT 

3. In what two ways is the word constitution used? 

4. Why cannot our state legislature amend the state constitution ? 

5. The constitution is called our supreme law. What does this 
mean ? When is a state law null and void ? 

6. Why did California adopt a new constitution in 1879? See 
Hittell's History of California. 

7. What is the meaning of each of these terms : constitutional 
monarchy, republic, federal, federal republic, confederation? 

8. How does a county in its relation to the state differ from a 
state in its relation to the United States ? 

9. Why cannot the powers of a state be definitely enumerated ? 
10. If the American people were to amend the national Constitu- 
tion in some particular that should conflict with a provision of our 
state constitution, would this provision become void ? Why ? 



CHAPTER XI 
THE STATE LEGISLATURE 

Note. — Before this chapter is read, articles I, II, III, and IV of 

the state constitution should be studied. 

120. Composition, Terms, and Sessions of the Legis- 
lature. — California, in common with all other states of 
the Union, has a bicameral legislature ; that is, a legislature 
of two houses. The upper house, the senate, consists of 
forty members, elected for four years, one by each of the 
forty senatorial districts into which the state is divided. 
The odd-numbered districts elect their senators at presi- 
dential elections ; and the even-numbered districts, at 
state gubernatorial elections. The lower house, the as- 
sembly, consists of eighty members elected for two years 
(§ n), one by each of the eighty assembly districts into 
which the state is divided. Inasmuch as the terms of the 
members of the assembly all expire at the same time, the 
beginning of a new assembly marks the beginning of a new 
term of the legislature. The term of the thirty-ninth legis- 
lature expired December 31, 191 2 ; and that of the fortieth 
began January 1, 19 13. For each term there is one regular 
session divided into two parts by a recess of thirty days. 
These sessions begin on the first Monday after the first 
day of January of the odd-numbered years, and the recess 
in each case begins after the session has continued thirty 
days. An extra session may be called at any time by the 
governor to consider such matters as he mentions in his 

17 s 



176 THE STATE LEGISLATURE 

proclamation ordering the session to be held. An extra 
session usually lasts only a few days. Every member of 
the legislature receives $1000 for each regular session, 
and $10 a day for each extra session, in addition to mileage. 

121. The Organization of the Legislature. 1 — As the 
lieutenant governor is president of the senate, the organiza- 
tion of that body consists of choosing the remaining officers, 
and appointing the various committees. The principal 
officers of the senate, other than the president, are the 
president pro tern., the chaplain, the secretary, and the ser- 
geant at arms. These are elected by the senate, but the 
president pro tern, is the only one of the number that is 
chosen from the members of the senate. In addition, the 
senate has about one hundred assistants of various kinds 
called attaches, 2 consisting of assistants to the principal 
officers, a postmaster and assistants, clerks of different 
kinds, stenographers, pages, porters, etc. These are ap- 
pointed by different members according to regulations 
adopted by the senate, and are assigned to their duties by 
a committee. 

The senate rules for each session determine what stand- 
ing committees there shall be and how their members shall 
be appointed. There are usually about thirty such com- 
mittees, and their members are usually appointed by the 
lieutenant governor as president of the senate. 3 Some of 
the most important committees are the finance committee ; 
the corporations committee ; the judiciary committee ; 
and the committees on revenue and taxation, education, 

1 Political Code, § 235 seq. 

2 See constitution, article IV, section 23. 

3 In 1887 the lieutenant governor was a Republican and a majority of the senate 
was Democratic; while in 1897 the situation was exactly the reverse. Each time 
the senate committees were appointed by the senate itself. 



THE PASSING OF LAWS 1 77 

county government, city government, public morals, elec- 
tions and election laws, and federal relations. Each member 
of the senate belongs to five or six different committees. 

The assembly organizes in much the same way as the 
senate, except that it must elect its presiding officer, the 
speaker. It is called to order by the clerk of the preceding 
assembly and proceeds to elect a speaker. It then elects 
a speaker pro tent., a chaplain, a chief clerk, and a sergeant 
at arms. The assembly has about the same number of 
attaches as the senate, and they are selected in the same 
manner. The standing committees of the assembly are 
about fifty in number, and their members are appointed 
by the speaker. Each member usually belongs to five, six, 
or more committees. The most important committees 
have the same names as the corresponding committees in 
the senate, except that the important committee on finance 
is known as the " ways and means committee " in the 
assembly and the " finance committee " in the senate. 

The standing rules of each house are important features 
in the process of lawmaking. They determine how the 
house shall go about its work, what privileges the members 
may enjoy, what committees .shall be appointed, etc. 
Each house at the beginning of each regular session adopts 
its own rules, which are usually the rules of the preceding 
session slightly modified. The rules of either house may 
be amended on one day's notice by a two-thirds vote. 

122. The Passing of Laws. 1 — Each house participates 
in the passing of laws according to its rules, which, of course, 
must not be contrary to the provisions of section 15, article 
IV of the constitution. The history of any bill that is 
enacted into a law is practically as follows : — 

1 Political Code, § 309 seq. 
CIVIL GOV. IN CAL. 12 



178 THE STATE LEGISLATURE 

1. It is introduced, usually in typewritten form, in the 
senate or assembly by a member, and is immediately taken 
to the desk of the clerk or secretary. Here it is properly 
numbered and the title is read aloud. This is the " first 
reading." 

2. It is then referred by the chair to one of the standing 
committees. Here it is considered point by point, and 
interested persons are given an opportunity to appear before 
the committee in favor of or in opposition to the bill. The 
committee must report on the bill within ten days, unless 
the house grants a longer time. 1 The committee may rec- 
ommend that the bill " do pass," or that it " do not pass " ; 
or it may report the bill back without recommendation, or 
suggest amendments to it, or offer a substitute for it. 
The original bill and also the recommendation of the com- 
mittee are printed, and a copy of each is placed on the desk 
of each member. The clerk or secretary then places the 
number of the bill at the bottom of the " second reading " 
file. 

3. When the bill is reached on the file, the title is read 
by the clerk or secretary, and the recommendation of the 
committee is pointed out. This is the " second reading." 
Without debate it is passed to the " third reading " by 
a viva voce vote, and its number is placed at the bottom of 
the " third reading " file. The bill is, at this point, re- 
ferred to the engrossing and enrolling clerk, who must make 
certain that accurate copies of the original bill and amend- 
ments suggested by the committee, if any, are printed for 
consideration at the third reading. 

1 This is the rule in each house, but it is often not carried out. Many bills are 
never reported out, but are "smothered in committee." The author of any bill 
may prevent this if he is able to secure a majority vote of the house ordering the 
committee to report. 



THE PASSING OF LAWS 1 79 

4. When the bill is reached on the third reading file, 
its number and title are read, 1 and it is up for final con- 
sideration. Debate is in order, and any member may 
offer amendments ; but in most cases the recommendation 
of the committee is accepted. An amendment is disposed 
of by viva voce vote, unless three members demand a roll 
call. When the bill is put upon its final passage, the roll 
must be called and the votes recorded. Forty-one votes 
are required in the assembly, and twenty-one in the senate, 
to pass a bill. 

5. After passing the house in which it originated, the 
bill is sent by the clerk or secretary to the other house, 
where it is reported to the presiding officer. The title is 
then read aloud by the secretary or clerk, and it is referred 
by the chair to the proper standing committee. After the 
committee reports, the bill must be " read " a second and a 
third time before it is passed. The second house cannot 
amend it without the concurrence of the first. 2 

6. After both houses have passed the bill in identical 
form, it is signed by the president of the senate and the 
speaker of the assembly, and is then presented to the 
governor. The duties of the governor in reference to it 
are sufficiently set forth in section 16, article IV of the 
constitution. 

Each house passes resolutions and proposes constitu- 
tional amendments in the same manner as it passes bills, 
except that only one " reading " is required. A two- 
thirds vote is necessary in the case of constitutional amend- 
ments. 



1 No bill is ever actually read aloud in either house. 

2 A "conference committee" consisting of members from both houses is some- 
times appointed to consider points on which the two houses find it difficult to agree. 



180 THE STATE LEGISLATURE 

An act 1 passed in 19 13 provides for a bureau to assist 
in the task of preparing bills to present to the legislature. 
This bureau is known as the legislative counsel bureau, 
and is in the charge of a chief, who is appointed by a board 
consisting of the governor, two members of the assembly, 
and two members of the senate, each house selecting its 
two members. The term of office of the chief and of the 
appointive members of the board is four years. The 
board has general supervision over the chief and deter- 
mines what assistants he may have. 

The chief and his assistants must aid in the prepara- 
tion of bills for presentation to the legislature upon the 
request of the governor ; of any judge of the state supreme 
court, the district courts of appeal, or the superior courts 
of the state ; or of any committee of either house of the 
legislature. Any such request must be in writing, and 
must state the substance of the desired bill. When the 
legislature is in session the bureau must hold itself in 
readiness to assist any member or any committee in the 
preparation of bills. It is very important that all laws 
are properly drawn and that they are in harmony with 
other laws and with decisions of the supreme court. In 
order that it may be prepared to give expert assistance 
in the preparation of bills, the bureau must make a careful 
and continuous study of the laws of this and other states, 
and of supreme court decisions. 

123. The Powers of the Legislature. — As we have seen, 
(§ 115), the tenth amendment to the national Constitu- 
tion declares that the " powers not delegated to the United 
States by the Constitution, nor prohibited by it to the 
States, are reserved to the States respectively, or to the 

1 Statutes of 1913, chapter 322. 



THE POWERS OF THE LEGISLATURE 181 

people." This means that any -state may exercise any of 
these unnamed, residuary powers ; but that the American 
people, by amending the national Constitution, have the 
power to impose such restrictions as they may choose to 
impose. The legislature is the branch of the state govern- 
ment which exercises these residuary powers. 1 Its powers, 
therefore, could not be named ; no list of them could be 
made. 2 Subject to the provisions of the state constitu- 
tion, it may exercise any power except those which are 
granted exclusively to the United States, and those which 
are expressly denied to the states by the national Con- 
stitution. 3 

The provisions of our state constitution relative to the 
powers of the legislature may be thus indicated : — 

i. The legislature is commanded to do certain things. 
(See article II, section 2\\ article IV, sections 21, 33; 
article VI, sections 11, 13, 16 ; article VIII, section 1 ; article 
IX, sections 1, 5, 7, 9; article X, sections 5, 6; article XI, 
sections 4, 5, 6; article XII, section 24; article XIII, sec- 
tions 8, 14, f ; article XV, section 2 ; article XVII, section 1 ; 
article XIX, sections 1, 2, 4 ; article XX, sections 6, 11, 14, 
15.) There is no power, except the power of public opinion, 
to compel the legislature to enact the laws thus required ; 
but in most cases it has done so. (See § 31.) 

2. The legislature is required to do certain things in 
certain ways. (See article IV, sections 6, 24, 25, 27, 29, 

1 See 16 Cal. 332; 35 Cal. 624; 73 Cal. 76; 117 Cal. 122; 117 Cal. 521; 145 
Cal. 684. 

2 The legislature is the only branch of a state government whose powers are 
thus undefined. The powers of the courts and of all executive officers and depart- 
ments are granted to them by the state constitution and laws, and they may exercise 
no other powers. It is thus possible to make lists of such powers. See 6 Cal. 291. 

3 See section 10, article I, and amendments 13, 14, and 15 of the national Con- 
stitution. 



182 THE STATE LEGISLATURE 

and 34 ; article XI, sections 3, 4, 5, 6, and 7 ; article XII, 
sections 1 and 5.) It will be seen that most of the sec- 
tions of the constitution here referred to either forbid the 
enactment of special laws, or command the enactment of 
general laws, and thus the only way in which the legis- 
lature can deal with the questions referred to is to pass 
general laws concerning them. Our present constitution 
differs widely from the constitution of 1849 m this respect, 
as the former constitution permitted special legislation 
almost without limit. Many acts of the legislature be- 
fore 1879 relate to particular streets, parks, and public 
improvements in particular cities ; and to the imposition 
of special duties and burdens on particular counties. 
Through this power to pass special laws, the legislature 
often meddled, with unfortunate results, in the internal 
affairs of cities and counties, and for this reason the 
power was taken away. 

3. The legislature is forbidden to do many things. For 
example, the provisions of article I operate as prohibitions 
on the legislature, because no laws may be passed which 
infringe upon these rights of the people. Article III for- 
bids the legislature to exercise any judicial or executive 
functions. Other prohibitions are found in article IV, 
sections 26, 29, 30, 31, and 32; article IX, section 8; 
article XI, sections 12, and 13; article XII, sections 5, 
7, and 10 ; and article XVI. 

4. The legislature is subject to certain checks. Among 
these may be mentioned the governor's veto power; the 
initiative and referendum ; and the fact that the legislature 
may meet in regular session only once in two years, and in 
special session only on the call of the governor to consider 
only such questions as the governor specifies in the call. 



QUESTIONS 183 

Note. — It should be pointed out that our entire scheme of state 
government is founded on the " check and balance " plan. The 
governor holds the checks over the legislature above referred to, and 
he may set aside certain judgments of the courts by means of his 
pardoning power. All of our state courts, except the inferior courts, 
are established, and their jurisdiction is determined, by the consti- 
tution, rather than by state law. They are thus independent of the 
state legislature and of the governor. They may set aside such acts 
of the legislature as they deem unconstitutional; and may compel 
or enjoin the performance of special acts on the part of executive 
officers and boards. From these statements it may appear that the 
legislature is overshadowed by the other departments of the govern- 
ment; but such is not the case. The legislature appropriates all 
money used for the maintenance of every department of the govern- 
ment. It assigns to the governor and to all other executive officers 
and boards most of their powers and duties; and many of these 
officers and boards were created by it. Besides, all judges and 
all executive and administrative officers may exercise only such 
powers as are granted to them by the constitution and the law ; 
but the legislature, subject to the commands, conditions, prohibi- 
tions, and checks above mentioned, may exercise any of the innu- 
merable residuary powers of the state. 

Questions 

1. What was the number of the last term of the legislature ? 

2. Name two ways in which a bill may become a law without 
the signature of the governor. (See section 16, article IV, of the 
constitution.) 

3. What is a conference committee ? 

4. What is meant by the statement that our state government is 
a government of " checks and balances " ? Illustrate. 

5. Why is it impossible to enumerate the powers of the legislature ? 

6. Why is the legislature forbidden to pass local and special laws ? 

7. What limitation is imposed on the legislature in the formation 
of senatorial and assembly districts ? Congressional districts ? (See 
constitution, article IV, sections 6 and 7.) 

8. Name the various ways in which the powers of the legisla- 
ture are limited. 



CHAPTER XII 

THE STATE EXECUTIVE — ELECTIVE OFFICERS AND BOARDS 

Note. — Before this chapter is read, articles V, VII, VIII, and 
XII of the state constitution should be studied. 

124. Introductory. — We have seen that various public 
corporations, such as counties, cities, and school districts, 
have a large part in carrying into execution the laws of the 
state. We shall now consider the part played by the exec- 
utive officers of the central state government. It will be 
observed that the constitution is very brief in respect to 
the duties of these officers. This means that the legislature 
must name their duties. Thus to find a complete statement 
of the duties of any officer, one must examine both the 
constitution and the state law, particularly that part of 
the law which is known as the Political Code. 

125. Classification of State Executive Officers and Boards. 
— The executive officers and boards of the state may be 
classified as follows : — 

I. Elective. 

i. The Governor. 

2. The Lieutenant Governor. 

3. The Secretary of State. 

4. The State Board of Equalization. 

5. The Controller. 

6. The Treasurer. 

7. The Superintendent of Public Instruction. 

8. The Surveyor- General. 

9. The Attorney- General. 
II. Appointive. 

184 



ELECTIVE OFFICERS AND BOARDS 185 

The most important appointive executive officers and 
boards will be considered in the next chapter, except 
the adjutant general and the state board of control, 
whose duties are given in this chapter. 

126. Terms of Office, Official Bonds, and Vacancies. — 
The term of office of each elective officer above mentioned 
is four years, beginning in January, 1911, 1915, etc. The 
terms of appointive officers vary, but in most cases they are 
four years. State officers, the same as county officers, 
must furnish official bonds. The amount in each case is 
determined by law, except that in the case of some appoin- 
tive officers, the amount is determined by the appointing 
power. All official bonds, whose amounts are determined 
by law, must be approved by the governor, and must all 
be filed in the office of the secretary of state, except the bond 
of the secretary, which must be filed in the office of the state 
treasurer. The governor and lieutenant governor are not 
required to furnish bonds. 

Vacancies in the case of elective officers are filled by the 
governor, except that a vacancy in either house of the leg- 
islature is filled by an election called by the governor in 
the senatorial or assembly district affected. Appointive 
offices, when vacant, are filled by the appointing power. 

127. The Governor. 1 — The legislature meets on the first 
Monday after the first day of January following the guber- 
natorial election, and at once provides for the inauguration 
of the governor. The governor's duties may be briefly 
summed up as follows : — 

I. The Executive Duties of the Governor. — 1. He must 
see that all the state laws are enforced. To this end he is 
given power to supervise the official conduct of other exec- 

1 Political Code, § 380 seq. 



1 86 THE STATE EXECUTIVE 

utive officers, and may require a report from any officer or 
board at any time in addition to the regular biennial re- 
ports which many of them are required to make to him. 1 
Furthermore, he may direct the attorney-general, or any 
district attorney, to investigate the conduct of any indi- 
vidual or corporation and to prosecute those that break 
the law. He may offer rewards, not to exceed $1000 in 
each case, for the arrest of escaped convicts or persons 
charged with murder. 

2. He represents the state in its dealings with the United 
States or with other states. For example, if a person 
charged with a crime in another state is arrested in Cali- 
fornia, the governor, on the demand of the executive of 
the state in question, orders the prisoner surrendered to 
the representative of that state ; 2 and if a fugitive from 
justice in California is arrested in another state, the governor 
takes the necessary steps to have him returned. 

1 As a matter of fact the authority which the governor may exercise over our 
elective executive officers is more theoretical than practical, as any officer who 
owes his position to the people is practically independent of the governor. This 
makes it impossible for the governor to be the responsible head of the entire state 
government in the sense that the President of the United States is the responsible 
head of the national government. All national executive officers and commis- 
sioners are appointed either directly or indirectly by the President, and any of them 
may be removed for cause by him. We shall never have a thoroughly efficient 
state government until its various executive and administrative departments are 
similarly centralized under one responsible head. The creation of the state board 
of control (§ 135) is a step in this direction, but as long as the people elect a group 
of state executive officers in addition to the governor, our state government must 
be a many-headed affair. A thorough application of the principle of the "short 
ballot," together with the adoption of the merit system in the appointment of 
public employees, would seem to offer a solution of the problem. 

2 Section 2, article IV of the national Constitution states that the governor 
shall deliver up any fugitive from justice on the demand of the executive of the 
state from which he fled ; but there is no way of compelling him to do this against 
his will. He might refuse in case he believed that the fugitive was wanted for 
prosecution for political reasons, or for some act that California does not consider a 
crime. 



ELECTIVE OFFICERS AND BOARDS 187 

3. He is an ex officio member of the governing boards 
of the various educational institutions maintained by the 
state, and a number of other state boards. 

4. He is vested with extensive appointing power. In 
some cases his appointments must be approved by the state 
senate, but in most cases this is not required. (See p. 264.) 

5. He is commander in chief of the national guard of the 
state. The state militia referred to in article VIII of the 
constitution includes all able-bodied men in the state be- 
tween the ages of eighteen and forty-five, except certain 
classes of persons who are exempt from military service. 
A complete militia roll is kept in the office of the adjutant 
general. (See § 45.) This roll contained over 300,000 names 
in 191 2. Most of these men belong to the reserve militia. 
The active militia is known as the national guard, which 
includes the naval militia. 

In 191 2 the national guard consisted of three regiments (36 compa- 
nies) of infantry, organized into one brigade : three troops of cavalry ; 
one company of signal corps ; eleven companies of coast artillery ; 
two batteries of field artillery; nine companies of naval militia; 
and the officers of the governor's staff. The total strength of the 
force was something over 4300 officers and enlisted men, of which a 
little over 600 belonged to the naval militia. The support of the 
national guard is no light burden on the taxpayers. The state pro- 
vides over $225,000 a year for the current expenses of the organiza- 
tion, in addition to occasional appropriations for the erection of 
armories. 1 Members of the national guard receive no pay except 
when in camp or on duty in the service of the state. The money 
appropriated is used to pay rent for armories, to purchase uniforms 
and arms, and to meet other expenses. 

The commander in chief appoints all officers above the rank of 

1 An appropriation was made recently to build armories in Sacramento, San 
Francisco, and Los Angeles ; and to purchase a building for the purpose in San 
Diego. 



1 88 THE STATE EXECUTIVE 

colonel. The appointment of the " general officers of the line " must 
be approved by the senate, but this does not hold in the case of the 
adjutant general and the members of the governor's staff. The staff 
consists of the heads of the various departments of the national guard 
and a number of aids-de-camp. " Field officers of a regiment or a 
battalion shall be elected by the field and company officers thereof." 
Company and troop officers are elected by the members of such or- 
ganizations. 

The commander in chief authorizes the organization of the various 
companies, regiments, and other divisions ; but the adjutant general, 
whose office is in the capitol, is in actual command of the national 
guard. He has the rank of brigadier general. 

As stated in the constitution, " the governor shall have power to 
call forth the militia to execute the laws of the state, to suppress in- 
surrection, and to repel invasion." He may on his own initiative 
order out any part of the force at any time to preserve order and en- 
force the law ; or he may do so on the request of any sheriff, chief of 
police, United States marshal, or any state or federal judge. 

The national guard is also a national force, and the federal govern- 
ment distributes $2,000,000 a year among the states for its support. 
California receives $100,000 of this each year. The national gov- 
ernment also lends vessels to the state to be used as training ships 
by the naval militia. All state laws pertaining to the organized 
militia must be in harmony with the federal laws on the same subject, 
and the President may call the national guard into the service of the 
United States at any time it is required. 

II. The Legislative Powers of the Governor. — The gover- 
nor's legislative powers include: (1) his veto power; (2) 
his power to call extra sessions of the legislature and to 
designate in advance what shall be considered at any such 
session ; and (3) his power and duty to make suggestions 
to the legislature as to measures which in his judgment 
should be enacted into law. He makes these suggestions 
in the form of messages. The legislature is not compelled 
to accept the suggestions, but if he has the confidence and 



ELECTIVE OFFICERS AND BOARDS 189 

support of the people of the state the " administration 
measures " are quite likely to pass. 

III. The Judicial Power of the Governor lies in the fact 
that he may set aside the judgments of the courts in criminal 
cases by pardoning persons who have been sentenced. This 
power is slightly restricted by article VII of the constitu- 
tion. 

128. The Lieutenant Governor. 1 — Unless the lieu ten- 
ant governor is called upon to assume the office of governor, 
his only official duties are to act as president of the senate 
and as a member of the board of regents of the State Uni- 
versity. 

129. The Secretary of State. 2 — The most important 
duties of the secretary of state are as follows : — 

1. He must keep on file in his office an accurate record 
of all laws, resolutions, and other official acts of the legis- 
lature ; must cause the same to be printed and must dis- 
tribute bound copies to all state officers, to our senators and 
representatives in Congress, to each state in the Union, to 
the Library of Congress, to the state library, and to various 
other libraries and institutions mentioned in the law. He 
must also distribute copies of all laws to each county officer. 

2. He must distribute bound volumes of the decisions 
of the state supreme court, and of the district courts of 
appeal, to the state library and to the Library of Congress, 
to each state in the Union, and to various national, state, 
and county officers mentioned in the law. 

3. He is the keeper of the great seal of the state. He 
must affix this seal to all commissions, pardons, and other 
public instruments to which the official signature of the 
governor is required. 

1 Political Code, §§ 377, 396. * Ibid, § 407 sect. 



190 



THE STATE EXECUTIVE 



4. He must keep a record of all articles of incorporation 
filed in his office (§ 19, 1) ; must record the official bonds 
of all state officers; must keep a record of land conveyed 
to the state, except land sold to the state for taxes ; and 
must keep an accurate account of all fees collected by him. 
He collects fees for various services which he renders, such 
as furnishing copies of laws or other instruments on file in 
his office, receiving and filing articles of incorporation, 
issuing certificates of incorporation, receiving official bonds, 
etc. He must pay all moneys collected as fees to the 
treasurer at the end of each month. 

5. He performs such duties in connection with elections, 
the incorporation of cities, the formation of new counties, 
and other matters, as the law prescribes. 1 

6. Before the 15th of September of every even-numbered 
year, he must present to the governor a detailed report of 
all his official acts since his last report. He must show 
in detail how the money appropriated for the use of his office 
has been spent. 

130. State Revenues. — The principal sources of the 
state's income are as follows : — 

1. A tax on certain corporations. The corporations in 
question and the amount of the tax in each case are stated 
in section 14, article XIII, of the constitution. It will be 
observed that the tax is a certain percentage of the gross 
receipts of the various corporations, except that in the case 
of banks it is a certain percentage of their capital stock. 
Banks and insurance companies must pay county and 
municipal taxes on any real estate which they possess, 
but the amount of these local taxes is deducted from the 
amount they otherwise would pay to the state. The other 

1 See Chapter II, and §§ 33 and 76. 






ELECTIVE OFFICERS AND BOARDS 191 

corporations are excused from all local taxes on property 
which is used in the operation of their business. 

2. A tax on franchises. The word franchise is used here 
in its widest sense, including not only the right to use a 
public highway for a special purpose, but any special privi- 
lege granted by law to private individuals. For example, 
when a group of men form a corporation, they acquire 
certain privileges from the state. Thus the right to be a 
corporation is a franchise. All corporations, except those 
referred to in the preceding paragraph, must pay a cor- 
poration franchise tax. Franchises cannot be taxed for 
local purposes, but this does not prevent cities from com- 
pelling corporations to pay for their franchises. Such a 
payment is not a tax, even though it may consist of a cer- 
tain percentage of the annual income. 

3. A corporation license tax. This is a tax collected by 
the secretary of state from all corporations doing business 
in the state, and is in addition to the franchise tax just 
mentioned. 1 

4. A poll tax of $2 is imposed annually on every man 
in the state from twenty-one to sixty years of age, except 
insane persons, paupers, and Indians not taxed. This is 
collected by county assessors. (§ 45.) 

5. An inheritance tax. This is a tax imposed upon the 
property of deceased persons, when it passes by inheritance 
or will, to others. The rate of the tax depends upon the 
degree of the relationship existing between the deceased and 
the person to whom the property passes. There are cer- 
tain exemptions in the law. For example, property equal 
in value to $10,000 may pass to the widow or a minor child 
of the deceased without the payment of any tax (§ 190). 

1 Discontinued after June 30, 1914.. 



192 THE STATE EXECUTIVE 

6. Fees collected by state officers. Fees are collected 
by the secretary of state, the surveyor-general, the clerks 
of the higher state courts, the controller, the superintendent 
of state banks, the building and loan commissioner, the in- 
surance commissioner, and others. 

7. Fees for licenses, such as automobile, fishing, and 
hunting licenses. 

8. Receipts from state institutions. The largest amount 
from this source is derived from the sale of the products 
from the jute mill at the San Quentin state prison. Smaller 
amounts are received from the state prison at Folsom, the 
various state hospitals, the reform schools, the veterans' 
home, the home for the blind, and other institutions. None 
of these institutions are self-supporting. The money received 
from them is turned into the treasury, but larger amounts 
must be taken from the treasury for their support. 

9. Receipts from state property and investments. The 
ferry building in San Francisco belongs to the state, and 
the harbor commissioners collect rents from corporations 
and individuals who occupy the building. The state also 
receives considerable amounts as interest on state money 
deposited in banks. The money received from the sale of 
the state school lands is invested in bonds of various kinds, 
and the interest from these investments is annually added 
to the state school fund (§§ 137, 190). 

10. Miscellaneous sources. The state receives small amounts 
from various miscellaneous sources. One of these is from the sale of 
furniture, lumber, machinery, or other unnecessary material which 
the various state officers and boards may have on hand. Other 
sources are the amount paid by each county into the state treasury 
to aid in meeting the expenses of children from the county in the 
state reform schools and the state home for feeble-minded children ; 
the amount received each year from the sale of escheated estates, 






ELECTIVE OFFICERS AND BOARDS 193 

that is, estates of deceased persons who have no heirs; the yearly 
payment made to the state by the United States government, of 
25 per cent of the receipts from the national forests in the state. 
This money is distributed by the state to the various counties on the 
basis of the area of each county embraced in each national reserve 
from which the money is collected. 

In case these sources of revenue fail to meet the expenses 
of the state government, a tax may be imposed on all tax- 
able property in the state, " in the manner to be provided 
by law" (article XIII, sec. 14, e, of the constitution). The 
state may borrow money in accordance with article XVI 
of the constitution. 

131. Summary of State Revenues. — In order to pre- 
sent to the eye the relative importance of these various 
sources of income, the amount received from each source 
during the fiscal year from July 1, 191 1, to June 30, 191 2, 
is indicated below. 

1. Tax on Corporations $8,767,617.68 

2. Tax on Franchises 1,619,588.98 

3. License Tax on Corporations . ....... 802,012.50 

4. Poll Tax 843,664.00 

5. Inheritance Tax 1,083,243.87 

6. Fees and Collections : 

Secretary of State 327,510.89 

Surveyor- General 8,626.95 

State Land Office 3,581.50 

Clerk of Supreme Court 6,500.00 

Clerks of District Courts of Appeal 8,591.10 

Insurance Commission 49,623.14 

Superintendent of Banks 73,285.43 

Building and Loan Commission 8,527.63 

7. Fees for Licenses : 

Automobile 62,805.80 

CIVIL GOV. IN CAL. 13 



194 THE STATE EXECUTIVE 

Fishing $17,955.00 

Hunting 145,595.04 

8. From State Institutions : 

San Quentin Prison 453,7°5-05 

Folsom Prison 20,210.30 

State Hospitals 186,262.19 

State Normal Schools 16,424.66 

State Polytechnic School 38,451.45 

Veterans' Home 8,952.62 

Reform Schools . 114,131.63 

Home for the Adult Blind 26,993.56 

9. From State Property and Investments : 

Rent from Ferry Building, Wharves, etc., S. F . . 1,254,287.32 

Interest on State Deposits 157,199.44 

Interest on School Bonds 311,862.45 

Interest on University Bonds . . 49,845.00 

Interest from School Lands 56,126.17 

Sale of School Lands 119,306.91 

Sale of School Textbooks * 201,701.95 

10. Miscellaneous Sources : 

Sale of Property by State Engineer 62,973.58 

From Counties to aid in Support of Children in Reform 

Schools, etc 95,360.00 

Escheated Estates 13,870.63 

From United States Government 157,650.38 

Many items of income are not included in this summary. The 
total receipts for the year amounted to $21,445,956.99. Of this 
amount $2,005,040.89 was derived from the sale of state bonds for 
the benefit of the San Francisco water front, and the state highway 
(fund ; and $1,270,297.01 was collected as a tax for the support of the 
Panama-Pacific Exposition. 

132. The State Board of Equalization. 2 — The state 
board of equalization consists of the state controller and 
four other members elected each for four years at the general 

1 Since 1913 textbooks have been distributed free of charge. 

2 See state constitution, article XIII, section 9; also Statutes of 1911, page 530. 






ELECTIVE OFFICERS AND BOARDS 195 

state election. One member is elected by each of the four 
equalization districts into which the state is divided. The 
office of the board is in Sacramento. Its most important 
duties are as follows : — 

1. To determine the amount of tax due the state from 
corporations according to the provisions of section 14, 
article XIII of the constitution. This must be done each 
year " between the first Monday in March, and the third 
Monday before the first of July." 

Blank forms are sent to all corporations mentioned in subdivision 
(a) of the section referred to, on which reports must be made to the 
board not later than the first Monday in March. The most important 
items included in each report are as follows : the name of the cor- 
poration, the amount of its capital stock, its debts, the market value 
of its stocks and bonds, its gross receipts during the year, its operating 
expenses, the improvements made, and the dividends paid during 
the year. 

Appropriate blank forms are sent to all the banks to obtain from 
them reports as to their capital stock, profits, dividends, and other 
items. Similar reports are collected from insurance companies by 
the state insurance commissioner, who embodies the information thus 
obtained in a report to the state board of equalization. Owners of 
taxable franchises * must report to the board on blanks furnished by 
the board complete information as to the nature and value of each 
franchise, as well as the capital stock, debts, gross receipts, dividends, 
etc., of the corporation using each franchise. The secretary of state 
must report to the board the name, place of business, capitalization, 
and other specified items, of every corporation whose articles of in- 
corporation are on file in his office; and city and county assessors 
must report in detail the assessments which they have placed on real 
estate belonging to banks and insurance companies. From these 
various reports, and from any additional information it may collect, 
the board determines the amount that each corporation must pay. 

1 Banks, insurance companies, and corporations that pay taxes on their gross 
receipts pay no additional franchise tax. 



196 the state executive 

2. The board must issue instructions to city and county 
assessors to assist them in determining what property be- 
longing to the corporations mentioned in subdivision (a) 
of section 14, article XIII, of the constitution, is " operative 
property." As these corporations are excused from local 
taxes on their "operative property," — that is, the prop- 
erty used in operating their business, — it is to their 
advantage to have as much of their property as possible 
classed under this head. The board must settle all dis- 
putes that arise between corporations and local assessors 
respecting this matter. 

The board must place an arbitrary assessment on any corporation 
which fails to file the report above mentioned ; but the law permits 
the board to extend the time for filing the report in any case, not to 
exceed thirty days, when good cause is shown. 

On the third Monday before the first Monday in July, the board 
must publish in Sacramento, San Francisco, and Los Angeles a state- 
ment to the effect that the " assessment of property for state pur- 
poses is completed." Any corporation which is dissatisfied with the 
assessment may complain to the board and the board has power to 
alter the assessment, but this must be done on or before the first 
Monday in July. 

The board must keep an accurate record of all assessments which 
it imposes. On the first Monday in July each year, its secretary 
must deliver to the state controller a complete record of all assessments 
made for the year. 

When necessary, the board, or any of its members, its secretary, or 
any representative selected for the purpose, may visit any part of the 
state to collect information to assist in justly assessing and levying 
the taxes. The board also has power to summon public officers, 
private citizens, or the officers of corporations, to appear before it as 
witnesses and to produce any books or records that may be desired. 
The board may at any time examine the books and accounts of any 
corporation required by law to report to it ; but the law makes it a 
misdemeanor for any member or representative of the board to divulge 



ELECTIVE OFFICERS AND BOARDS 1 97 

any information thus obtained other than such information as must 
be reported to the board. The governor, however, is given power to 
order any such information to be made public. 

3. The board must equalize the assessments made by 
local assessors of the real estate of banks and insurance 
companies; and also assessments made for the purposes 
specified in subdivision (e) of section 14, article XIII of 
the constitution. Since the amount of the local tax col- 
lected from banks and insurance companies on their real 
estate, as well as the tax collected from the corporations 
mentioned in subdivision (a) of section 14, article XIII of 
the constitution, for the payment of local debts, is sub- 
tracted from the tax that these corporations would otherwise 
pay the state, the board of equalization must see that city 
and county assessors are not unfair to the state in assessing 
the property of these corporations too high. The board has 
power to alter any of these local assessments. 

In case a tax should be imposed on all taxable property 
in the state for state purposes, as provided in subdivision 
(e) , the state board has power to raise or lower by a definite 
percentage the assessments of an entire county if such action 
seems to it to be just. 

4. The board must annually present a report to the 
governor showing the acreage of taxable land in each county 
and the assessment per acre, the value of all town and city 
lots, the value of all personal property in the state, and 
certain other items required by the law. 

133. The Controller. 1 — In addition to his duty as a 
member of the state board of equalization, the controller 
performs the following duties : — 

1. After receiving the record of assessments from the 

1 See Political Code, § 433, as amended in 191 1 ; also Statutes of 191 1, page 355. 



19S THE STATE EXECUTIVE 

state board of equalization, he must publish for two weeks 
in Sacramento, San Francisco, and Los Angeles, a state- 
ment to the effect : — 

a. That all taxes thus assessed are due and payable on the first 
Monday in July. 

b. That one half will be delinquent after six weeks ; that any part 
of this half, if permitted to become delinquent, may be paid with 
15 per cent added as a penalty, any time before the first Monday in 
February; and that an additional 5 per cent will be added if not 
paid by that time. 

c. That the second half of the tax will be delinquent on the first 
Monday in February, and that if not paid by that time, 5 per cent 
will be added. 

The first publication of this notice must be within ten days 
after the controller has received the assessment record. 

2. He must enforce the payment of the tax provided for 
in section 14, article XIII of the constitution. The tax 
is paid to the treasurer on his order. 

3. Within ten days after the first Monday in February, he 
must notify every company whose taxes are delinquent 
that unless the taxes and penalties are paid by the first 
Monday in March, the company will forfeit its charter 
to the state if it is a domestic corporation, or that it will 
forfeit its right to do business in the state if it is a foreign 
corporation. 1 

After the first Monday in March the controller must write the 
words " charter forfeited to the state," or the words " right to do 
business forfeited," as the case may be, on the assessment record 
opposite the name of each corporation whose tax has not been paid. 
He must report the names of all such corporations to the secretary of 
state, who reports the same to the governor, who issues a proclama- 

1 A foreign corporation is a corporation which received its charter from another 
state of the Union or from a foreign country. 



ELECTIVE OFFICERS AND BOARDS 199 

tion declaring the penalty that has been imposed. The secretary of 
state causes this proclamation to be published in Sacramento, San 
Francisco, and Los Angeles, and notifies every county clerk in the 
state. The law provides a method whereby any such corporation 
may recover its charter, or the right to do business in the state, by 
paying all back taxes and penalties. The controller is given power 
to proceed in the courts against any such corporation to compel it to 
pay its tax by placing an attachment on its property. 

4. He must superintend the fiscal concerns of the state; 
that is, he must keep an accurate record of all receipts, 
appropriations, and expenditures, and must be able at any 
time to give information to the governor or the legislature 
as to the condition of any fund, or of the state finances in 
general. He must make a detailed report to the governor 
on the second Monday in October of every even-numbered 
year. This report, consisting of over two hundred pages, 
is printed and bound and may be obtained on application 
to the controller. 

5. He must examine and settle the accounts of all per- 
sons indebted to the state and certify the amount in each 
case to the treasurer. 

6. He must audit all lawful claims against the state and 
must draw warrants on the treasurer against the proper 
funds for their payment. Each payment must be definitely 
authorized by law, and money for the purpose must be 
available. Every claim must be approved by the state 
board of control before a warrant for its payment is drawn, 
unless the law specially provides that this approval is not 
necessary. 

Appropriations by the legislature usually consist of definite sums 
set aside for special purposes ; but in some cases they consist of per- 
manent provisions in the law to the effect that either all or a portion 
of the money derived from certain sources shall be devoted to certain 



200 THE STATE EXECUTIVE 

purposes. Examples are the provisions that $250,000 of the income 
from the inheritance tax, and the interest on money received from the 
sale of state lands, shall be applied each year to the school fund ; and 
that all money collected by the harbor commissioners of San Francisco 
shall be used in improving the water front of that city, or in paying 
debts incurred in making previous improvements. In all such cases, 
the money is turned into the state treasury and is drawn out on war- 
rants issued by the controller. 

7. Preceding each regular session of the legislature he 
must collect from the heads of the various state departments, 
boards, and institutions, on blanks which he sends out, 
itemized statements of their estimated expenses for the 
succeeding two years. He must also collect statements 
from members of the legislature as to the appropriations 
which they expect to ask from the legislature, and must 
compile a list of all claims against the state for which appro- 
priations are necessary. He and the board of control — 
after going over these estimates and consulting the repre- 
sentatives of the offices, departments, boards, and institu- 
tions affected — determine the various amounts that in their 
judgment should be appropriated. The controller must 
tabulate these items for the use of the legislature and the 
governor at least within ten days after the opening of the 
session. This list of estimated expenses recommended by 
the controller and the board of control is known as the 
regular biennial budget. 

8. He represents the state in all of its financial dealings 
with the various counties. Money collected by the coun- 
ties for the state is paid to the state treasurer on the order 
of the controller ; and money collected by the state for the 
counties is paid to them on his order. 1 

1 The state school fund constitutes the largest item distributed to the counties 
from the state treasury. The local taxes referred to in subdivision (e) of section 



ELECTIVE OFFICERS AND BOARDS 201 

9. He must compile and publish statistical reports of the 
financial transactions of the various counties and cities in 
the state. County and municipal auditors, or other proper 
officers, must report to him respecting these matters on 
blanks sent out by him. 

134. The Treasurer. 1 — The most important duties of 
the treasurer are as follows : — 

1. To receive all money belonging to the state, not re- 
quired to be received and kept by some other person. Each 
payment must be accompanied by a certificate issued by 
the controller. He must keep in the vault of the state 
such money as is needed for immediate use. With the 
approval of the governor and the controller, he may deposit 
in reliable banks money that can be spared. Depository 
banks must be selected from those that agree to pay the 
highest rate of interest (not less than 2 per cent) for the use 
of the state's money. Such banks must furnish security 
for the money deposited. The law limits the amount that 
may be deposited in any one bank. 

2. To pay lawful claims against the state, on warrants 
issued by the controller. 

3. To keep an accurate record of all receipts and dis- 
bursements. His records must show at all times the con- 
dition of each separate fund. He must keep on file all 
controller's certificates accompanying payments of money, 
and all warrants issued by the controller on which money 
has been paid. 

4. To report to the controller, on the last day of each 
month, the amount paid out during the month, the fund 

14, article XIII of the constitution are collected by the state and returned to the 
counties and cities. 

1 Political Code, § 452 seq. 



202 THE STATE EXECUTIVE 

from which each item was paid, and the balance in the 
treasury to the credit of each fund. On the fifteenth day 
of September of every even-numbered year, he must report 
to the governor " the exact balance in the treasury to the 
credit of the state, with a summary of the receipts and pay- 
ments of the treasury during the two preceding fiscal 
years." Furthermore, at the request of either house of the 
legislature, or of a committee of either house, he must 
give information in writing as to the condition of the 
treasury. 

135. The State Board of Control. 1 — The state board 
of control consists of three members who are appointed 
by the governor to serve during his pleasure. It was 
created by an act of the legislature passed in 191 1 to take 
the place of the state board of examiners, but its powers 
and duties are more extensive than those of the former 
board. It has its office in the state capitol, but its meetings 
may be held in any part of the state. The chairman of 
the board is designated by the governor. It appoints a 
secretary, three clerks, and two stenographers. Its most 
important powers and duties are as follows : — 

1. It has general control of the payment of claims against 
state funds and appropriations. The controller must not 
draw his warrant for the payment of any claim until it has 
been allowed by the board, unless it is a claim which is spe- 
cially exempt by law from this requirement. The concur- 
rence of two members constitutes a decision of the board. 
If a claim is allowed by the board and the controller does 
not consider it just, he may require the board to reconsider 
it, and it cannot again be presented to him except with the 
unanimous approval of the board. 

1 Statutes of 191 1, page 591 seq. 



ELECTIVE OFFICERS AND BOARDS 203 

In order that the board may be in a position to act intelligently on 
all claims that are presented to it, one or more of its members, as the 
board may decide, or at the request of the governor, must " visit 
from time to time every public institution maintained in whole or in 
part by state appropriations, to ascertain the conditions of the same, 
and their wants and requirements, and also to visit public buildings in 
the course of construction to ascertain if all the provisions of the law 
in relation to such construction and of contracts therefor are being 
faithfully executed." The board must also have the books of every 
state institution, commission, bureau, and officer examined by expert 
accountants once each year. It may compel witnesses to appear 
before it or any of its members. 

2. The board must examine and pass upon all claims 
against the state for which no appropriations have been 
made. This practically makes of the board a court of 
claims. When such claims are approved, the recommenda- 
tion of the board, with the sanction of the governor, is re- 
ported to the legislature in order that money for their 
payment may be appropriated. 

3. The board must count the money in the state treasury 
at least once a month, and must report to the secretary of 
state after each count " the amount of money or credit that 
ought to be in the state treasury," and " the amount and 
kind of money or credit actually therein." 

4. The board must invest in national or state bonds, or 
in the bonds of counties, cities, or other political subdivi- 
sions of California, the money derived from the sale of school 
lands and the money received from estates which have 
escheated to the state. The money from either source 
must be invested at any time when $10,000 has accumu- 
lated. All bonds thus purchased must be delivered to the 
treasurer in trust for the state school fund. 

5. When absolutely necessary, the board, with the con- 



204 THE STATE EXECUTIVE 

sent of the governor, may authorize the creation of deficien- 
cies in any fund. Thus, if the regular appropriation for 
any state office, board, or institution, is not sufficient for 
the two-year term for which such appropriations are made, 
the board of control and the governor may authorize the 
office, board, or institution in question to go on with its 
work, with the understanding that the legislature at its 
next session will provide for the deficiency. 

6. The board may authorize the sale of any property 
belonging to the state, except real estate. 

7. All contracts for the purchase of supplies by any state 
officer, board, bureau, or institution must be approved by 
the board of control. No supplies may be purchased in the 
open market, — that is, without calling for bids, — with- 
out the consent of the board ; except that, to meet an emer- 
gency, any officer, board, etc., may purchase supplies of a 
perishable nature, not to exceed $100 in value, without 
such consent. 

8. The board has jurisdiction over the state department of 
accountancy. This department consists of a superintendent of ac- 
counts, two assistant superintendents, and such additional account- 
ants as may be necessary. They are appointed by the board. The 
duty of the department is to " devise, install, and supervise a uniform 
system of accounting and reporting " for all state officers and boards 
who keep public records and accounts, and handle public money. This 
is to facilitate the inspection of such records and accounts. 

9. " The board must biennially report to the legislature 
a history of its transactions and investigations." 

136. The Superintendent of Public Instruction. — The 
powers and duties of the superintendent of public instruction 
will be considered in Chapter XIV, in connection with our 
state school system. 



ELECTIVE OFFICERS AND BOARDS 205 

137. The Surveyor-General. 1 — The office of the sur- 
veyor-general is in the capitol in Sacramento. He may 
appoint two assistant surveyors-general and two clerks. 
His most important duties are as follows : — 

1. To survey the boundary lines of counties and other 
political subdivisions of the state when required to do so. 

2. To have general control of two kinds of public lands : 
school lands which have been granted to the state by the 
United States ; and all " swamp and overflowed, salt 
marsh, and tide lands belonging to the state." 

The school lands originally consisted of the sections numbered 16 
and 36 in every congressional township of government land in the 
state, 2 and 500,000 acres in addition which became state land accord- 
ing to a law passed by Congress in 184 1. Much of this land has been 
disposed of. Some of it has been occupied by private individuals 
who pay interest (7 per cent) to the state, under contract, on the pur- 
chase price, with the privilege of paying the principal at any time. 
A great deal of it has been sold. No person may buy more than 640 
acres, and if it is suitable for cultivation, 320 acres is the limit. Some 
difficulty has been experienced in disposing of this land owing to the 
fact that a large portion of it has been situated in United States In- 
dian and forest reservations, and in Spanish and Mexican grants, and 
therefore, could not be sold directly ; but the surveyor-general, work- 
ing in conjunction with the United States land office, has been per- 
mitted to locate and sell equal portions of government land situated 
elsewhere. As these lands have been selected in lieu of state lands 
which could not be sold because of their location, they are known as 
" lieu lands." It is claimed by the department of the interior of the 
national government that the state has sold more " lieu land " than 
it was entitled to sell ; and the legislature of 191 1, at its extra session, 
provided that such sales be discontinued, and that restitution be 
made to the United States if investigation proves that excess sales 

Political Code, § 483. 

2 Section 16 became state land according to a law passed in 1785 and section 36 
according to a law passed in 1848. 



206 THE STATE EXECUTIVE 

have been made. The matter is now (1913) being investigated by 
the state and national authorities looking toward an adjustment. 
The amount of school land still belonging to the state cannot be deter- 
mined until this adjustment has been made ; but the state conservation 
commission, which recently investigated the matter, places it at some- 
thing over one million acres. 

All tide lands became the property of the state by common law 
upon its admission to the Union. All swamp and overflowed lands, 
— except mineral lands, lands reserved for naval and military purposes, 
and lands included in Indian reservations, towns, and Mexican or 
Spanish grants, — became the property of the state by virtue of an 
act of Congress passed in 1880. The tide and swamp lands are sold 
by the surveyor-general in tracts not to exceed 640 acres to any one 
person. 1 

138. The Attorney-General. 2 — The office of the attor- 
ney-general is in the capitol. His most important duties 
are as follows : — 

1. To " have charge, as attorney, of all legal matters 
in which the state is in any wise interested, except the busi- 
ness of the regents of the University of California, and of 
the state harbor commissioners, and such other boards or 
officers as are now by law authorized to employ attorneys." 

2. To see that all judgments of the courts in favor of the 
state are executed. 

3. To " exercise supervisory powers over district attor- 
neys in all matters pertaining to the duties of their offices, 
and from time to time to require of them reports as to the 
condition of the public business intrusted to their charge." 
He may at any time go to any county in the state to assist 
the district attorney in the discharge of his duties. 

4. To give legal advice, without fee, on request, to the 
legislature, to any state officer or board, or to any district 

1 See section 3, article XV of the constitution. 

2 Political Code, § 470 seq. 



ELECTIVE OFFICERS AND BOARDS 207 

attorney, on any question of law relating to the public 
service. 

5. To proceed in the courts against insolvent insurance 
companies, and building and loan associations, in order that 
the interests of creditors may be protected. 

6. To perform all other duties required by law, and to 
present a biennial report to the governor giving information 
as to his official acts. 

139. Salaries and Office Help. — The salary of every 
state officer is established by the constitution or by law ; 
and the law determines the number of deputies, stenogra- 
phers, and other assistants that each officer or board may 
employ and establishes their salaries. The annual salaries 
of the officers whose duties are discussed in this chapter 
are as follows : — 

The Governor $10,000 

The Adjutant General 3,600 

The Lieutenant Governor 4,000 

The Secretary of State 5,ooo 

Each member of the Board of Equalization 4,000 

The Controller 5,000 

The Treasurer 5,000 

Each member of the State Board of Control 4,000 

The Superintendent of Public Instruction 5,000 

The Surveyor-General 5,000 

The Attorney-General 6,000 

Questions 

1. What are the executive, legislative, and judicial powers of the 
governor ? 

2. What is the difference between the militia and the national 
guard? What power does the governor have over the national 
guard ? The President ? For what three reasons may the national 
guard be called into active service? 



208 THE STATE EXECUTIVE 

3. Is there any legal limit to the taxing power of the state ? 

4. Under what circumstances may a tax be collected on general 
property for the support of the state government? 

5. By what means does the state board of equalization keep track 
of the various corporations with which it deals ? What powers other 
than that of computing taxes does it possess ? 

6. What are the respective duties of the controller and the treas- 
urer in the matter of collecting the state tax ? 

7. What are the official relations between the controller and the 
state board of control ? 

8. What are lieu lands ? 



CHAPTER XIII 

THE STATE EXECUTIVE — APPOINTIVE OFFICERS AND 
BOARDS 

Note. — The adjutant general and the board of control have been 
considered in the preceding chapter, because of their close relation 
to elective officers. In this chapter we shall consider the most 
important of the remaining appointive executive officers and boards. 
The treatment must of necessity be brief, and persons wishing more 
detailed information are referred to the Political Code. 1 

140. The Railroad Commission. 2 — A railroad is a 
private corporation operated for profit. To pay as large 
dividends as possible on its capital stock is the principal 
aim of its officers and managers. But in the services that 
it renders every railroad meets an urgent public want. The 
public is, therefore, vitally interested in the manner in 
which it is operated and in the rates that it charges. For 
many years the railroads of our country were permitted 
to establish their own freight and passenger rates, and they 
generally charged " all that the traffic would bear." Fur- 
thermore, they formed the habit of discriminating between 
different places, and between different corporations and 
individuals. Thus it was quite within their power to deter- 
mine whether any city should prosper or not ; and to favor 

1 Any edition of the Political Code will do, provided the code amendments and 
statutes of every session of the legislature since its publication are also taken into 
account. 

2 State constitution, article XII, section 22; see also Statutes of 1911, Extra 
Session, page 18 seq. 

CIVIL GOV. IN CAL. 14 209 



2IO THE STATE EXECUTIVE 

particular corporations and individuals whose business 
depended upon the transportation of goods, to such an 
extent as to enable them to drive their competitors out of 
business. Any city, corporation, or individual unaided by 
the government found it impossible to obtain fair treatment. 

Shortly after the Civil War, there began to be a widespread demand 
throughout the country for the regulation of railroads by the national 
and state governments. To this end laws were passed by Congress 
and the various state legislatures. To enforce these laws, Congress 
created the interstate commerce commission, and many of the states 
established state railroad commissions. Our state constitution of 
1879 provided for a commission of three members. The state was 
divided into three districts, each of which elected one member. For 
many years the commission exercised no real control over the railroads 
of the state. This was due to several reasons: (1) The method of 
selecting the members of the commission was wrong. Men to fill 
positions requiring expert knowledge cannot be selected by the mass 
of voters. (2) Several honest attempts to control the railroads made 
by the commission early in its history were promptly checked by in- 
junctions from the federal courts. Discouragement and apathy fol- 
lowed. (3) The railroads have exercised a potent influence in Cali- 
fornia politics since the establishment of the commission, and this 
influence has naturally been exerted toward rendering the commission 
ineffective. 

The legislature of 1909 — the same legislature that 
passed the direct primary law — raised the salary of each 
railroad commissioner from $4000 to $6000 a year, and 
increased the powers and duties of the commission. But 
the legislature of 191 1 determined to remodel the commis- 
sion completely. 1 A constitutional amendment, which has 

1 The members of this legislature were elected along with Governor Johnson in 
November, 19 10. This was the first election at which voters were called upon to 
choose between candidates who had been nominated, not by party conventions, 
but by the voters of the various parties, under the direct primary law of 1909. The 
result was a revolution in California politics. It now seems as if bossism were 



APPOINTIVE OFFICERS AND BOARDS 21 1 

since been adopted by the people, was proposed, changing 
the number of commissioners from three to five, and pro- 
viding that they be appointed by the governor, each for 
six years. 1 Furthermore, a law was passed increasing the 
powers and duties of the commission. The legislature of 
1 913 increased the salary of each commissioner to $8000 a 
year. 

The office of the commission is in San Francisco, but it is 
authorized to meet in any part of the state. It elects one 
of its members president and appoints a secretary, an 
assistant secretary, an attorney, and all necessary experts, 
engineers, inspectors, and other assistants. The attorney 
receives an annual salary of $5000. It is his duty to rep- 
resent the commission in all lawsuits in which it may be 
involved, and to perform such other duties as the commis- 
sion may require. 

The authority of the commission is confined strictly 
within the state. For example, in its control of the rail- 
roads, it cannot regulate interstate commerce. Shipments 
which begin and end in California are under its control, 
but any shipment to or from any other part of the United 
States is under the control of the federal interstate com- 
merce commission throughout the entire route. The most 
important powers and duties of the commission are as 
follows : — 

1. To establish rates of charges for railroads and 
other transportation companies, and to exercise the other 
powers mentioned in the second paragraph of section 22, 
article XII of the constitution. Every transportation 

dead. Whether it proves to be so in fact will depend upon the intelligence and 
patriotism of the voters. 

1 Read section 22. article XII of the constitution. 



212 THE STATE EXECUTIVE 

company must file with the commission a complete state- 
ment of its freight and passenger rates, and all other charges 
of every character; and must keep a copy of such state- 
ment available for public inspection at every station or 
office where passengers or property are received for trans- 
portation. The commission, on its own motion or on 
complaint of interested persons, may investigate any single 
rate or class of rates and may alter such as are found to be 
unjust or unreasonable, determining in each case what they 
shall be. 

2. To prescribe, establish, and modify, from time to 
time, the rules that shall govern railroad and other trans- 
portation companies in receiving, storing, carrying, switch- 
ing, handling, and delivering freight, and in transporting 
passengers. Such rules must prescribe the conditions under 
which railroad companies shall furnish cars to shippers, 
and the penalties they must pay when delays occur ; also 
the penalties that shippers must pay for delays in loading 
and unloading cars. 

3. To establish through routes over connecting lines of 
any company, or of different companies, and to determine 
how such routes. shall be operated. Also to require any 
company to receive cars from any other company and for- 
ward them over its lines, and to regulate the charges for 
such service. 

4. To enforce numerous other provisions of the law rel- 
ative to railroads and other common carriers, such as 
those forbidding discrimination, regulating the granting of 
passes, forbidding a road to charge more for a short haul 
than for a long haul, imposing conditions relative to rail- 
road crossings, and many others. 

5. To supervise and regulate all public utilities, other 



APPOINTIVE OFFICERS AND BOARDS 213 

than common carriers, in the state, outside of incorporated 
cities, 1 including gas, electric, telephone, telegraph, and 
water companies, as well as pipe lines, wharves, and 
warehouses operated in connection with the transportation 
of freight. The authority exercised over these public 
utilities may be indicated in part as follows : — 

a. To establish their rates and charges. Every such 
company must file with the commission a complete state- 
ment of its rates and charges, and the commission has power 
to alter any and every item. 

b. To establish rules for the government of public 
utilities in their dealings with the people, and to enforce such 
rules. 

c. To ascertain the value of the property of any 
public utility in the state. If any city or other public 
corporation wishes to acquire any privately owned public 
utility, which it is authorized to acquire, it may petition 
the commission to fix the price that it must pay ; and the 
price thus fixed shall be final unless set aside by order of 
the state supreme court. 

6. To exercise additional authority over all public utili- 
ties, including common carriers, 2 as follows : — 

a. By supervising and controlling them in the impor- 
tant matter of issuing stock and borrowing money. No 
such corporation may exercise either of these privileges 
without first obtaining the consent of the commission. 

1 The commission has no power to fix rates for, or to control the operation of, 
public utilities in any incorporated city ; but any city may, by a vote of its people, 
confer this power on the commission. 

A number of cities have taken this action; see the first footnote on page 157. 
Any city, after surrendering this power, may reclaim it by a vote of its people. See 
section 23, article XII, of the state constitution. 

2 Street car lines are classed as common carriers. 



214 THE STATE EXECUTIVE 

It is believed that this will prevent many abuses that have 
occurred in the past. In order that the commission may 
exercise this power wisely, it is given the authority to as- 
certain the value of all property belonging to, and the 
amount of all debts incurred by, every public utility in the 
state. 

b. By requiring them to keep their accounts as di- 
rected by the commission. 

c. By requiring them so to conduct their business as 
to safeguard the health and safety of their employees and 
other persons with whom they deal. It is the duty of the 
commission to investigate the cause of all accidents result- 
ing in the loss of life, or in injury to persons or property, 
for which public utilities are responsible. 

d. In general, the commission must enforce all con- 
stitutional provisions and laws for the regulation of public 
u tiH ties. It is given power to sue or be sued in the courts. 
It must hear complaints from public utilities, as well as 
from persons with whom they deal, and adjust differences 
when possible ; but its main duty, as an arm of the executive 
branch of the state government, is to enforce those parts 
of the constitution and the law that are committed to its 
care. 

7. The commission must present to the governor, on or 
before the first of December each year, a report containing 
a statement of all its transactions during the year, and such 
" recommendations as it may deem of value to the people 
of the state." 

141. The Superintendent of Banks. 1 — Three kinds of 
banks are recognized by the state law : savings banks, com- 

1 Statutes of 1909, page 109 seq. ; Statutes of 1911, pages 7, and 1003 seq. 



APPOINTIVE OFFICERS AND BOARDS 215 

mercial banks, and trust companies. The principal differ- 
ence between a savings bank and a commercial bank is 
that the former receives deposits for stated times upon 
which it pays interest, while the latter receives deposits 
with the understanding that they may be withdrawn with- 
out interest at any time. Checks may be drawn against 
deposits in commercial banks, but not against those in 
savings banks. A trust company is a corporation which 
acts as an executor of wills, administrator or guardian of 
estates, or as assignee, receiver, or trustee of money or 
other property. When authorized by its articles of incor- 
poration any bank may combine the business of a savings 
bank, a commercial bank, and a trust company by main- 
taining a separate department for each line of business. 

The most important part of the business of a bank is to receive 
money on deposit and place it out at interest. Only a small per- 
centage of the money handled belongs to the bank. For this reason 
the public is vitally interested in the manner in which every bank is 
conducted, and the law imposes many conditions which all banks must 
observe. Some of these conditions are as follows : that every bank, 
other than a savings bank, must always have on hand money equal 
to at least fifteen per cent of its deposits ; that no money may be 
loaned except on security sanctioned by law ; that no officer or em- 
ployee of a bank may borrow money from the institution ; and that 
every bank must, on the request of any stockholder, creditor, or de- 
positor, furnish a list of all its stockholders, showing the amount of 
stock owned by each, and other details concerning them. 

The law provides for a special officer, — the superintend- 
ent of banks, — to supervise all of our state banks. 1 He 

1 National banks are under the jurisdiction of an officer belonging to the treasury 
department of the national government, known as the controller of the currency. 
A national bank receives its charter from and is subject to the supervision and con- 
trol of the national government. All other banks within a state are state banks 
and are chartered and controlled by the state government. The chief difference 



2i6 THE STATE EXECUTIVE 

is appointed by the governor to serve during the governor's 
pleasure. His salary is $10,000 a year. He must employ 
a chief deputy, an attorney, and such assistants and ex- 
aminers as may be necessary. He determines the compen- 
sation of these employees, but the total expense of his 
department must not exceed $75,000 a year. This money 
is not drawn from the ordinary revenues of the state, but 
is collected by the superintendent from the banks under 
his supervision, each bank paying in proportion to its de- 
posits. His most important duties are as follows : — 

1 . He must enforce all the laws of the state relative to the 
banking business. No bank, other than a national bank, 
may engage in business in the state until the superintendent 
has issued to it a certificate authorizing it to do so. 

2. He, his chief deputy, or an examiner appointed by 
him must visit and examine every savings bank at least 
once a year, and every other bank under his jurisdiction at 
least twice a year. Such examination must show in detail 
the condition of the bank and the manner in which its 
affairs are conducted. 

3. He must take possession of the property and business 
of every bank which he believes to be in an unsound con- 
dition, and no such bank may resume business without his 
consent. If the bank is found to be in such a condition 
that a resumption of business is impossible, he must settle 
its affairs according to law, in such a manner as to safeguard 
the interests of depositors. 

4. Three times each year he must call for reports from 
all banks under his jurisdiction. Such reports must show 

between the two kinds is that the national banks issue a kind of paper money known 
as bank notes, a privilege which state banks do not enjoy. These notes are covered 
by securities held by the national government. 



APPOINTIVE OFFICERS AND BOARDS 217 

the capital stock, deposits, investments, the amount on 
hand, the amount loaned, and many other details respect- 
ing each bank. 

5. In October of each year he must make a detailed re- 
port to the governor, showing the name, location, and con- 
dition of every bank under his jurisdiction; and give a 
complete account of the work of his department during the 
year, including the names and compensations of all persons 
employed by him, and a statement of all receipts and ex- 
penditures. 

142. The Insurance Commissioner. 1 — The principle 
upon which insurance is based is very simple. It may be 
stated thus : a large group of persons can collectively assume 
the sum total of any special kind of risk more easily than any 
member can assume his share of such risk. For example, 
when insured property is burned, the loss does not fall 
upon the owner alone, but upon all the policy holders of the 
company carrying the insurance. Thus insurance is based 
upon the principle of cooperation. The principle is ap- 
plied directly in mutual insurance companies, 2 and indi- 
rectly in others. Each policy holder pays a certain amount 
each year, called a premium, 3 in return for which the com- 
pany assumes his individual risk and agrees to pay the face 
value of his policy in case the event insured against 
happens. 

There are many kinds of insurance. The law of California rec- 
ognizes fourteen different kinds: fire, life, accident, marine, fidelity, 

1 Political Code, §§ 368, 568, 56Q; Statutes of iqii, pages 1269, 1320. 

2 A policy holder in a mutual company is a member of the company. In another 
kind of company, he simply has a contract with the company whereby the company 
assumes a specified risk in return for an annual premium which he agrees to pay. 

3 In a mutual company, each member may be called upon for additional payments 
in case all losses cannot be met by the regular premiums. 



218 THE STATE EXECUTIVE 

plate glass, etc. The premium in each case is proportional to the risk 
assumed. It is possible to determine the amount with accuracy 
because experts have collected sufficient data from the experiences of 
human life to enable them to give a definite money value to every 
risk with which insurance deals. 

Almost every man, woman, and child in California is 
interested either directly or indirectly in some form of 
insurance. It is therefore exceedingly important that 
every insurance company which transacts business in the 
state shall be honestly conducted and shall be able to 
fulfill all of its just obligations. The state law contains 
many regulations governing the insurance business, and 
provides for an insurance commissioner to see that these 
regulations are enforced. The commissioner is appointed 
by the governor, with the consent of the senate, to serve 
for four years. His office is in San Francisco. His salary 
is $4000 a year. The law authorizes him to appoint a 
deputy commissioner, an assistant, a statistician, an ac- 
tuary, and necessary clerks and stenographers. Insurance 
companies, like banks, must pay for their own inspection, 
and the commissioner collects certain fees from them for 
the purpose. If the fees are not sufficient to meet the ex- 
penses of his department, which must not exceed $36,700 
a year, 1 the balance must be made up by an assessment 
imposed by the commissioner on each company in propor- 
tion to the premiums which it receives. 
His most important duties are as follows : — 
1. He must enforce all state laws relative to insurance. 
No corporation may engage in the insurance business 
in the state without first receiving a certificate from him. 2 

1 This does not include the actuary's pay, as he receives fees for his services. 
* Provision is made whereby an uncertificated company may write surplus in- 
surance in the state ; that is, insurance on any property in excess of what any cer- 



APPOINTIVE OFFICERS AND BOARDS 219 

Every such certificate must be renewed annually. Before 
issuing a certificate to any company for the first time, he 
must carefully examine into its condition ; and he may at 
any time thereafter employ experts to examine its books 
and records. He must investigate the condition of any 
company on the request of twenty-five interested persons. 

2. He must see that every company organized in Cali- 
fornia has the amount of paid up capital stock required 
by law, the amount being $200,000 for most kinds of in- 
surance ; and must require every " foreign " company 
doing business in the state to deposit bonds or other se- 
curities equal in amount to the capital stock required of 
domestic companies engaged in the same line of insurance. 

3. If, at any time, he discovers that any company is 
insolvent, he must revoke its certificate and report the 
matter to the attorney-general, who must proceed against 
"the company in the courts in order that its affairs may be 
adjusted according to the best interests of its creditors. 

4. Not later than the first day of March of each year, 
he must obtain from every company doing business in 
the state a report, showing in detail the amount of its capi- 
tal stock, the value of its property and assets, the amount 
of its liabilities, its total income, the amount of its expendi- 
tures, and other details. He must supply blanks for these 
reports. 

5. On or before the first day of August of each year, he 
must make a detailed report to the governor, " showing 
generally, the condition of the insurance business and in- 
terests in this state," and giving an account of all moneys 



tificated company is willing to take. Every agent for any such uncertificated com- 
pany must procure a license from the insurance commissioner. Such an agent is 
known as a "surplus line broker." 



220 THE STATE EXECUTIVE 

received and paid out by him during the year. We have 
seen that he must also make a report to the board of equali- 
zation each year. 

Fraternal insurance carried on by lodges for the mutual benefit 
of their members, and not for profit, is not subject to the general 
insurance laws of the state ; but the legislature of 191 1 passed a special 
act for the regulation of this kind of insurance. All such societies, 
in so far as they are involved in the insurance of their members, are 
now for the first time subject to the control of the insurance com- 
missioner. Each one must annually procure a certificate from him, 
must present to him an annual report, must submit to an examination 
of its books and records at any time, and is subject to prosecution by 
the attorney-general in case the commissioner considers that it is not 
able to live up to the promises made to its members. 

143. The Building and Loan Commissioner. 1 — A build- 
ing and loan association is a corporation organized on the 
cooperative principle, to enable persons of small means to 
invest their savings in small amounts, or to purchase homes 
for themselves on the installment plan. Persons belong- 
ing to the association make small periodic payments, — 
usually weekly or monthly. Such an association differs 
from other kinds of corporations in that its shares of stock 
— when it issues stock — may be purchased on the install- 
ment plan ; and in that any member may withdraw from 
the association at any time by surrendering his stock, or 
other evidence of membership, and receiving all money that he 
has paid in plus such dividends as may have accumulated 
upon it. Another difference is that the face value of its 
stock, unlike that of other corporations, is no fixed amount, 
but increases and diminishes in amount as members come 
into or withdraw from the association. It differs from a 
savings bank in that its funds are accumulated for the 

1 Statutes of 191 1, page 609 seq. 



APPOINTIVE OFFICERS AND BOARDS 221 

special purpose of making loans to its members ; and in 
that, instead of paying fixed rates of interest on deposits. 
as is done by savings banks, it credits each member with 
his share of the income of the association. The income is 
derived from membership fees, periodic payments, interest 
on loans, fines imposed on members for failing to make their 
payments according to agreement, and from other sources. 

Each association has a board of directors who usually 
serve without pay. They are elected by the stockholders 
or members. They appoint a treasurer, secretary, and 
other necessary officers and employees and determine their 
salaries. They also determine the policy of the association, 
being guided in all that they do by the by-laws adopted by 
the stockholders or members. 

In the year 191 1 the total assets of building and loan asso- 
ciations in California amounted to more than $23,000,000. 
Since this sum represents the accumulation of small invest- 
ments, it is exceedingly important to large numbers of 
people that these associations shall be honestly and 
efficiently managed. The law therefore imposes many 
regulations upon them and provides for a building and loan 
commissioner to see that all such regulations are enforced. 
The commissioner is appointed by the governor to serve 
during his pleasure. His salary is $3000 a year. His of- 
fice is in San Francisco. The law allows him one secre- 
tary at a salary of $2100, and $2400 a year for office rent, 
fuel, stationery, and other incidental expenses. The ex- 
penses of his office are paid from fees which he collects from 
the various associations under his jurisdiction in propor- 
tion to their respective assets. 

His duties are similar to those of the bank commissioner 
and the insurance commissioner. That is, he must enforce 



222 THE STATE EXECUTIVE 

all state laws relative to building and loan associations; 
must require every association doing business in the state 
to procure an annual license from him ; must subject every 
association to a careful examination once a year ; must 
report any case of insolvency to the attorney-general, 1 who 
is required to proceed as he would in the case of an insol- 
vent insurance company; must require every company 
to present to him once a year a detailed report as to its 
financial condition and business transactions during the 
year; and he must present to the governor each year a 
report showing the condition of every association under his 
jurisdiction and giving an account of the manner in which 
his office has been conducted. 

144. The Commissioner of Corporations. 2 — The "blue 
sky" law of 1913, providing for a corporation department 
under a commissioner of corporations, was suspended by 
a referendum petition, the vote to be taken in November, 
1 91 4. Following are the provisions of this law : The com- 
missioner is appointed by the governor to serve during his 
pleasure at a salary of $5000 a year. His office is in 
Sacramento and he is provided with necessary assistants. 
His jurisdiction extends over all corporations doing busi- 
ness in the state for profit, except those that are under 
the supervision of the railroad commission, the superinten- 
dent of banks, the insurance commissioner, the building 
and loan commissioner, or the federal government. It is 
his duty to prevent the corporations under his supervision 
from selling worthless shares of stock or other securities. 
No such corporation, whether organized in California or 

1 The commissioner has power to take immediate control of the affairs of any asso- 
ciation which he believes to be in an unsound condition. This safeguards the interests 
of members while the attorney-general is effecting an adjustment in the courts. 

? Statutes of 1913, chapter 353. 



APPOINTIVE OFFICERS AND BOARDS 223 

not, may offer or advertise any of its securities for sale in 
the state until it has obtained a license from the commis- 
sioner of corporations. Before issuing any such license 
it is his duty to inquire into the condition, the aims, and 
purposes of the corporation. He has full power to ex- 
amine its books and accounts. It is also his duty to 
supervise all general investment brokers in the state who 
sell the securities of various corporations. All such 
brokers must annually obtain licenses from him. 

The commissioner collects certain fees for issuing these 
licenses to corporations and brokers and the money thus 
obtained is placed in the treasury as a special fund to 
meet the expenses of the department. 

145. The Department of Engineering. 1 — This depart- 
ment is under the control of an advisory board of seven 
members, consisting of the governor, the state engineer, 
the general superintendent of state hospitals, the chair- 
man of the state board of harbor commissioners of San 
Francisco, and three other members appointed by the gov- 
ernor. The three appointed members serve during the 
governor's pleasure, at a salary of $3600 a year each. 
The governor is the chairman of the advisory board and 
the state engineer is its executive officer. The latter is 
appointed by the governor to serve during his pleasure, 
at a salary of $5000 a year. His office is located in the capi- 
tol. The advisory board must meet at least once in two 
months and may meet of tener if necessary. 

The department requires the assistance of many engineers, 
architects, draftsmen, clerks, stenographers, and other 
employees. The most important of these are the state 
highway engineer, appointed by the governor, at a salary 

1 Statutes of 1907, page 215; Statutes of 1911, page 824. 



224 THE STATE EXECUTIVE 

of $10,000 a year ; and a state architect, appointed by the 
state engineer, at a salary of $4800 a year. The governor 
also appoints a state consulting board of five persons, who 
serve without pay, and whose duty is to consult with the 
department of engineering " upon all matters that affect 
irrigation, drainage, and river improvement." 

The most important duties of the department are as 
follows : — 

1. To have general control of all construction work for 
the state. Construction work may be done by contract 
or by day's labor, according to the decision of the advisory 
board. If done by day's labor, the work is in the im- 
mediate charge of the department, except work on the water 
front of San Francisco. 1 If done by contract, it is under 
the immediate control of the board or commission for whom 
the work is done, 2 but plans, specifications, and bids must 
be approved by the state engineer, and no work must be 
accepted and paid for until examined and approved by 
him. He is, of course, assisted by the state architect and 
other members of the department. 

2. To have charge of the improvement, construction, 
and upkeep of all state highways. Most roads in California 
are county roads under the jurisdiction of the various 
boards of county supervisors ; but the state has built and 
maintains a few roads 3 in mountainous districts, where 

1 This is in charge of the harbor commissioners. 

2 Construction work for the University of California does not come under the 
jurisdiction of the department, being left in complete charge of the board of regents. 

3 The Lake Tahoe road in Eldorado county ; the Sonora and Mono road in Tuo- 
lumne and Mono counties ; the Mono Lake road in Mono county ; the King River 
Canyon road in Fresno county ; the Emigrant-Donner Lake road in Placer and 
Nevada counties ; the Sierra State road in Sierra county, not completed ; and the 
Trinity-Tehama-Shasta-Humboldt road, which when completed will connect the 
principal road systems of these counties. 



APPOINTIVE OFFICERS AND BOARDS 225 

the expense of the work is too heavy to be borne by the 
counties in which they are located. The state highway 
engineer is the executive officer of the department in con- 
structing and caring for these roads. Local superintend- 
ents, appointed by the governor, have charge of the dif- 
ferent sections under the highway engineer's supervision. 
The state highway system is to be extended greatly by the 
expenditure of $18,000,000, for which state bonds were 
voted at the election of 1910. 

3. To issue licenses to owners of automobiles and 
motorcycles, and to assign a definite number to every 
such vehicle. All owners must obtain such licenses, pay- 
ing to the state treasurer the fees required by law. All 
chauffeurs must also obtain licenses from the department, 
paying the required fees to the treasurer. 

4. To have charge of all work undertaken by the state 
to control flood waters and improve river channels. 

Most of the work of this character so far done by the state has been 
along the Sacramento and San Joaquin rivers and their tributaries, 
but some work has been done along the Eel river in Humboldt 
county, and surveys have been made on the Russian river, and in 
and about Humboldt bay. The river work consists of dredging and 
levee building. The department has adopted the policy of cooperat- 
ing with property owners in this work ; that is, any item of work is 
paid for partly by the state and partly by owners of adjoining property. 
Since 1907 the legislature has appropriated $475,000 for such work. 

The state also cooperates with the national government in this and 
other kinds of work. For example, the legislature of 1909 appro- 
priated $400,000 to be used by the California Debris Commission 1 
in dredging the mouth of the Sacramento river, provided the federal 

1 This commission consists of three army engineers appointed by the national 
government to have charge of all river work undertaken by the government in Cali- 
fornia. The government is interested in keeping the rivers and harbors open for 
navigation. 

CIVIL GOV. IN CAL. IK 



226 THE STATE EXECUTIVE 

government would furnish an equal sum for the same purpose. Con- 
gress has made the necessary appropriation and the work is under 
way. All plans for such work must be approved by the engineering 
department. The legislature of 1909 also provided that the engineer- 
ing department may contract with the proper departments of the 
national government to the extent of $30,000 each year " to carry on 
topographic surveys and investigations into matters pertaining to 
the water resources of the state . . . and the use and distribution 
of water for agricultural purposes." Such contracts have so far been 
made with the director of the geological survey and with the agricul- 
tural department, whereby the federal government and the state 
furnish equal sums for making surveys and carrying on investigations. 

5. At least thirty days before each regular session of the 
legislature the state engineer must present to the governor 
a detailed report of the work of the department. 

146. Harbor Commissioners. 1 — The state owns the 
water fronts of three cities : — San Francisco, Eureka, and 
San Diego. 2 A harbor commission, consisting of three 
members appointed by the governor, with the consent of 
the senate, is provided for each of these cities. 

The members of the commissions for San Diego and Eureka serve 
each for four years ; those for San Francisco serve during the pleasure 
of the governor. The commissioners for San Diego receive $300 a 
year each ; those for Eureka, $400 ; and those for San Francisco, $3000, 
except the president of the board, who receives $3600. 

The duty of each commission is to have charge of the state property 
on the water front. Prior to 19 10 the state took no steps to improve 
the water front of either San Diego or Eureka; but state bonds 
amounting to $1,500,000 were voted in November of that year to build 
a sea wall, wharves, piers, docks, etc., at San Diego. These im- 

1 Commissioners of San Francisco, Political Code, § 2520 seq. 
Commissioners of Eureka, Political Code, § 2567 seq. 
Commissioners of San Diego, Political Code, § 2575 seq. 

2 In every other city situated on the coast, the water front is owned either by the 
city, by private corporations, or by individuals. 



APPOINTIVE OFFICERS AND BOARDS 227 

provements are in the charge of the harbor commission under the super- 
vision of the state engineering department. The interest and prin- 
cipal of this debt are to be paid from the receipts arising from the use 
of the harbor. The ferry building, wharves, and other improvements 
on the water front in San Francisco amount in value to more than 
eighteen million dollars. The money collected for the use of this prop- 
erty is used by the commission to meet expenses, to provide for the 
payment of the interest and principal of state bonds which have been 
issued for the benefit of the harbor, and to make necessary improve- 
ments. All the money must, however, be accounted for and paid to 
the state treasurer and be expended on warrants issued by the con- 
troller. The harbor commissioners of San Francisco and of San 
Diego are authorized to appoint necessary wharfingers, engineers, 
janitors, and other employees. 

The legislature of 1913 provided for a new harbor commission for 
San Jose. The commission consists of three persons, residents of 
San Jose, appointed by the governor, to serve without compensation 
for four years. It has jurisdiction over certain sloughs that are 
used for navigation at the southern end of San Francisco bay, the 
water fronts of which belong in part to the state. 

147. Other Harbor Officials. 1 — Each harbor has a 
pilot commission consisting of three members, appointed 
by the governor, with the consent of the senate, whose 
duty is to examine and license pilots. San Francisco has 
four port wardens, and San Diego and Eureka one each. 
Their duty is to inspect and keep an official record of ves- 
sels and cargoes which arrive in a damaged condition. 
This is to assist in adjusting insurance and to protect the 
interests of absent parties. 

The legislature of 191 1 passed a bill providing that any city whose 
water front is owned by the state may issue bonds to assist in improv- 
ing the water front. The desirability of the state's deeding the water 
front in every case to the city in which it is located has been much 
discussed in recent years, but such a policy has not yet been adopted. 



Political Code, §§ 368, 369, 2501, 2429 seq. 



228 THE STATE EXECUTIVE 

148. The Department of Forestry. 1 — The state board 
of forestry consists of the governor, the secretary of state, 
the attorney-general, and the state forester. The state 
forester is appointed by the governor to serve during his 
pleasure at a salary of $3000 a year. He is the secretary 
and the executive officer of the board, and has his office in 
the capitol. He appoints a deputy forester, an assistant 
forester, and a stenographer. 

There are about 19,500,000 acres of forested land in 
California. About 11,000,000 acres of this land belong 
to the United States. The balance belongs to private 
individuals and corporations, except the California Red- 
wood Park, 2 near Santa Cruz, which belongs to the state. 
It is the aim of the forestry department to cooperate with 
the federal authorities in protecting the national forests ; 
and to cooperate with the owners, and with various counties, 
in protecting privately owned forests. Fire and the ax 
are the great destroyers of forests. The state forester 
appoints as many fire wardens throughout the state as he 
considers necessary. 3 These men receive no pay from the 
state ; but their number includes, in addition to volunteer 
fire wardens, practically all federal forest supervisors and 
rangers, as well as certain employees of the fish and game 
commission, and a number of fire wardens in the employ 
of certain counties, 4 all of whom accept appointment from 
the state because of the additional powers that it confers 

1 Statutes of 1905, page 235. 

8 This park consists of 3800 acres of redwood timber. It is under the control 
of a commission consisting of the governor and four other members appointed by 
him. The commissioners, who serve without pay, appoint a park warden and 
other necessary employees and determine their compensation. 

3 The number is at present between eleven and twelve hundred. 

4 These fire wardens are appointed by the state forester but are paid by the 
respective counties (§§ 42, 15). 



APPOINTIVE OFFICERS AND BOARDS 229 

upon them. They have the powers of peace officers and 
may arrest violators of the state forest laws. They may 
also compel private citizens to assist in fighting fires. The 
state board of forestry may cause any forest to be inspected 
at any time, and may compel the owner to clean up and 
burn any dry brush and other inflammable material. 

The department has no supervisory power over cutting 
and logging operations in privately owned forests. All 
that it can do in the direction of protecting these forests 
is to compile and furnish such information to lumbermen 
as will convince them of the value of scientific forestry. 
The appropriations so far made by the legislature have not 
permitted the department to accomplish much along this 
line. 

Our forests should be conserved not only because future 
generations are entitled to a share in them, but because of 
their relation to the water resources of the state. Rain 
falling on forest-covered mountains is held by the dense 
root mesh until much of it can percolate into subterranean 
reservoirs which feed springs and artesian wells during 
the long summer months ; but rain falling on bare mountain 
slopes runs off immediately, causing floods in the lowlands 
during the rainy season, and making springs and artesian 
wells impossible during the summer. Our fruit industry 
and our municipal water supplies are thus in larger 
measure than is commonly realized dependent on mountain 
forests. 

149. State Department of Weights and Measures. 1 
— In order that the people may be protected against 
dealers who use scales and measuring instruments that 
give short weight and short measure, the legislature of 

1 Statutes of 1913, Chapter 597. 



230 THE STATE EXECUTIVE 

1 913 created a new department of weights and measures. 
The department consists of a superintendent and a deputy 
superintendent of weights and measures for the state at 
large, and a sealer of weights and measures for each 
county in the state. The superintendent is appointed 
by the governor to serve at a salary of $3600 a year, for 
four years, unless sooner removed by the governor. The 
deputy is appointed by the superintendent, and the 
sealers of the various counties by boards of supervisors. 
City governments are also empowered to provide for 
municipal sealers of weights and measures. 

The superintendent of weights and measures must keep 
in his office in Sacramento standards of weights and 
measures which have been approved by the national 
bureau of standards. He must furnish copies of these 
standards on request to any county or city in the state. 
Sealers of weights and measures use these standards 
in examining scales and measuring instruments used in 
business throughout the state. No scales or measuring 
instruments may be offered for sale until they have been 
examined and " sealed," that is, approved and stamped 
as correct. The superintendent and his deputy, and all 
local sealers and deputies have the powers of peace officers. 
They may enter private places of business for inspection 
purposes, and may make arrests and institute prosecutions 
when fraud in weighing or measuring is discovered. They 
may seize weighing or measuring instruments that are 
below standard, and may destroy any such that are not 
capable of being repaired. 

150. The State Water Commission. 1 — This commis- 
sion consists of the governor, the state engineer, and 

Statutes of 1913, Chapter 586. 



APPOINTIVE OFFICERS AND BOARDS 231. 

three other members appointed by the governor. The term 
of office is four years, and the salary of each of the ap- 
pointed members is $5000 a year. The office of the com- 
mission is in Sacramento. It is authorized to employ a 
secretary, and such other assistants as it may require at 
such salaries as it may determine upon. 

It is the duty of the commission to protect the interests 
of the people in the public waters of the state. It must 
investigate the various streams and lakes of the state in 
order to determine to what extent water and its use have 
been filed upon and appropriated by private individuals 
and corporations. Every such appropriation is declared 
to be void unless the water is actually being put to some 
useful purpose, or unless preparations for using it are 
being carried forward in good faith. One of the principal 
duties of the commission is to prevent the electric power 
sites of the state from being acquired in perpetual owner- 
ship by private corporations. If all, or a large percentage, 
of such sites should be thus acquired, and should fall into 
the hands of some great combination or trust, the people 
of California would be compelled to pay unfair prices for 
electric power with little hope of redress. No future 
appropriations of water or its use may be made except 
by permission of the commission. Applications must be 
made to the commission according to details worked out 
in the law. Every case is investigated and if the com- 
mission approves, it issues a license to the person or cor- 
poration making the application. Each license is granted 
under specific conditions as to the manner in which the 
water is to be used, and the commission has power to 
revoke any license at any time if these conditions are 
disregarded. Certain fees must be paid when applications 



232 THE STATE EXECUTIVE 

are filed, and after each license is granted a certain 

amount must be paid each year to the state, the amount 

in each case being determined by law according to the 
quantity of water used. 

151. The State Mining Bureau, and Mineral Cabinet. 1 — Mining 
has been one of the most important industries of California from the 
first. The mining bureau is simply a bureau of information concern- 
ing this great industry. It is under the control of a state mineralo- 
gist, who is appointed by the governor for four years at a salary of 
$3600 a year. The office of the mineralogist, which is the headquarters 
of the bureau, is in the ferry building in San Francisco. In the same 
building the bureau maintains a large collection of mineral specimens, 
and a library of some 5000 books and pamphlets, all bearing on the 
mining industry of the state. The library also contains numerous 
maps showing the locations of known mineral deposits, and models 
and drawings of machinery used in mining processes. 

The mineralogist must investigate the operations of persons and 
corporations dealing, or purporting to deal, in mining stocks, bonds, 
lands, or other property, with a view to exposing and prosecuting 
those who are guilty of fraud. He may appoint such assistants as 
may be necessary to make these investigations, and to carry on the 
other work of the bureau. It is his duty from year to year to add 
to the collection of mineral specimens, books, pamphlets, maps, and 
drawings and models of mining machinery. He must biennially make 
a detailed report to the governor showing the results of his work and 
setting forth the condition of the mining industry in the state. He 
must also from time to time issue bulletins summing up the infor- 
mation which he has collected. 

The state mineral cabinet consists of a number of cases of choice 
mineral specimens in the Crocker Art Gallery in Sacramento. The 
exhibit is under the control of three trustees appointed by the gov- 
ernor to serve during his pleasure without pay. 

152. The Fish and Game Commission. 2 — Our state 
laws contain many provisions for the protection of fish and 

Statutes of 1913, Chapter 679 ; Statutes of 1907, page 935. 
2 Political Code, §§ 642, 643. 



APPOINTIVE OFFICERS AND BOARDS 233 

game. 1 Some of these provisions are as follows : that 
certain kinds of fish and game may not be killed at certain 
times of the year ; that certain kinds of fish may be caught 
only with hook and line; that no fish may be caught 
through the ice; that certain kinds of fish may not be 
caught with nets of less than a certain specified mesh; 
that trout of less than one pound in weight may not be 
bought or sold ; that no person may place a dam across a 
stream without providing a way for fish to pass up and 
down ; that certain kinds of fish and game must never be 
killed ; that birds' nests and eggs must never be destroyed ; 
that no person may use more than one dog in hunting deer, 
etc. 

The fish and game commission was created to enforce 
these laws. It consists of three members appointed by the 
governor to serve during his pleasure without pay. The 
senate must approve the appointments. The commission 
maintains its office in San Francisco. Its most important 
powers and duties are as follows : — 

1 . To appoint a sufficient number of assistants to enforce 
the fish and game laws of the state. There are some two 
or three hundred of these assistants scattered throughout 
the state, who have the powers of peace officers in enforcing 
the fish and game laws. Some receive regular salaries, 
but most of them are paid only for the bona fide arrests 
they make. 

2. To establish and maintain hatcheries for the purpose 
of stocking the waters of the state with fish. Such hatch- 
eries are established at Sisson, Siskiyou county ; at Tahoe 
and Tallac on Lake Tahoe ; at Wawona, Mariposa county ; 
at Brookdale, Santa Cruz county ; on the Eel river in Hum- 

1 See section 2$%, article IV, of the state constitution. 



234 THE STATE EXECUTIVE 

boldt county, and in other places. Fish eggs are procured 
in countless numbers and are hatched in these hatcheries. 
The young fish are then distributed to different parts of 
the state, where they are placed in lakes and running 
streams. The commission has a special car equipped for 
transporting the young fish. 

3. To raise game birds and other animals for distribu- 
tion on the public lands or elsewhere in the judgment of 
the commission. For this purpose the commission has 
established a game farm in Alameda county. 

4. To sell licenses to persons who wish to fish or hunt 
for sport or for commercial purposes, as well as to persons 
who wish to deal in fish or game. These licenses are also 
sold by county clerks. The law specifies the amount 
that must be paid for each kind of license. The receipts 
from this source, which amount to over $150,000 each year, 
are placed by the treasurer in the " fish and game preser- 
vation fund " to be used by the commission in carrying on 
its work. 

153. The Horticultural Commissioner. 1 — The state hor- 
ticultural commissioner is at the head of a great state 
system which exists for the purpose of protecting our 
horticultural interests, including the raising of fruits, nuts, 
vegetables, and ornamental trees and plants. In practice, 
the department does not confine its attention to these 
interests, but gives valuable assistance to the growers of 
alfalfa, cotton, potatoes, and other farm products. The 
system includes a horticultural commissioner and certain 
deputies, quarantine guardians, and other assistants, ap- 
pointed by him; as well as all county commissioners, 
deputies, and inspectors. The state commissioner is ap- 

1 Statutes of iqii, page 1127 ; Political Code, § 2319^5. ; Statutes of 1899, page 91. 



APPOINTIVE OFFICERS AND BOARDS 235 

pointed by the governor to serve for four years at a salary 
of $4000 a year. His main office is in Sacramento, but he 
maintains an office also in San Francisco. His principal 
duties are as follows : — 

1. To guard the state against the introduction of tree 
or plant diseases and destructive insects from other states 
or from foreign lands. All shipments of nursery stock, 
fruit, or seed from foreign nations are inspected at the port 
of entry by horticultural quarantine deputies, who work 
in conjunction with the United States customs officials. 
Shipments from other states must not be taken from the 
custody of transportation companies until inspected. Dis- 
eased or infested stock is rendered harmless by fumigation 
or other treatment; or if this is impossible, it is either 
destroyed or returned to the place from which it came. 
Quarantine guardians 1 in all parts of the state have an 
important part in this work of inspection. The commis- 
sioner, with the approval of the governor, may quaran- 
tine the state against shipments from places known to be 
dangerous. 

2. To eradicate tree or plant diseases and destructive 
insects found within the state. Any part of the state may 
be quarantined at any time. County commissioners and 
quarantine guardians must be viligant in order that dis- 
eases and pests may be promptly located and reported 
to the state commissioner. 

3. To rear and distribute beneficial insects. For this 
purpose the commissioner maintains an insectory on the 
capitol grounds in Sacramento. This building is con- 

1 County horticultural officers are practically all appointed state quarantine guar- 
dians by the state commissioner. But there are also quarantine guardians who are 
not county officers. 



236 THE STATE EXECUTIVE 

structed on the plan of a greenhouse and is devoted entirely 
to the rearing of insects and other life forms which prey 
upon destructive insects. These enemies of dangerous 
pests are frequently obtained from foreign nations or from 
other states. The United States government has trained 
entomologists searching for them in foreign lands, and the 
department of agriculture, which has charge of all such 
work, heartily cooperates with the horticultural commis- 
sioners of the various states. 

4. To collect books, pamphlets, and periodicals contain- 
ing information relating to horticulture; and to collect 
statistics showing the condition and progress of horticul- 
ture in this state and elsewhere. He must require annual 
reports from all county horticultural commissioners. He 
must issue bulletins from time to time, making public any 
information in his possession which in his judgment will 
be of benefit to the horticultural interests. He must 
make a detailed report each year, showing the work of his 
department and accounting for all money received and 
expended. This report is made to the governor on even- 
numbered, and to the legislature on odd-numbered, years. 

This account of the work of the horticultural commissioner is ex- 
ceedingly brief. Any person wishing more detailed information should 
write to the commissioner for bulletins and reports. 1 

1 The legislature of 1913 passed a law creating a state board of viticultural com- 
missioners to consist of nine persons appointed by the governor to serve without pay 
for four years. The state is divided into six districts and one commissioner must be 
appointed from each district, the other three being appointed from the state at large. 
The board appoints a secretary who gives his entire time to his official duties. His 
office is in Sacramento. It is the duty of the board to " collect and disseminate 
useful information relating to viticulture, including the best methods of growing 
grapes and handling the grape and its products," to study diseases and pests of vine- 
yards and methods of control, "to study methods of cooperation among grape 
growers and manufacturers of grape products," and to arrange for meetings of per- 
sons interested in grape culture. This board has no connection with the horticul- 



APPOINTIVE OFFICERS AND BOARDS 237 

154. The State Veterinarian. 1 — The state veterina- 
rian is appointed by the governor for a period of four years 
at a salary of $3600 a year. The governor appoints also 
an assistant at a salary of $3000 a year. The veterinarian 
appoints a deputy and a clerk. The office of the veteri- 
narian is in the capitol, but he and his assistant spend a 
good part of their time traveling about the state in the 
discharge of their duties. Their traveling expenses, of 
course, are paid by the state. 

It is the duty ot the veterinarian to protect the health 
of domestic animals in the state. All veterinary surgeons 
are required by law to report cases of contagious diseases 
to him. With the consent of the governor, he may quaran- 
tine the state against live stock from any other state or 
nation where infection is known to exist ; and in a similar 
manner he may quarantine any part of the state. When 
any contagious live stock disease is discovered in any 
county, he must report the matter to the board of super- 
visors, who must take steps immediately to eradicate the 
disease. He has general supervision over all county live 
stock inspectors. The legislature in 1909 and in 191 1 made 
special appropriations for the appointment of sheep in- 
spectors by the state veterinarian to eradicate a special 
sheep disease known as scabies. Owners of sheep infected 
with this disease must administer such treatment as the 
inspector directs. The veterinarian must make a bien- 
nial report to the governor as to the work of his office. 

It is evident that the law at present does not provide a complete 
scheme for the protection of live stock against diseases. Sufficient 

tural commissioner, but it must depend upon his department to put into practice any 
information that it may gather relative to grape diseases. 
1 Statutes of 1909, page 43 \. 



238 THE STATE EXECUTIVE 

provision is not made for local inspectors, as county boards of super- 
visors may or may not appoint live stock inspectors, and the sheep 
inspectors above referred to are the only ones that may be appointed 
by the state veterinarian. 1 

155. The State Board of Agriculture. 2 — This board 
consists of twelve members appointed by the governor. 
The term of office is four years and they serve without pay. 
Their principal duty is to provide for and conduct the annual 
fair which is held in the fall of the year at Sacramento. 
The fair grounds comprise eighty acres of land located 
outside of the city limits. The land belongs to the state 
and is equipped with buildings and other necessary improve- 
ments. The office of the board is at the grounds. The 
legislature appropriates money for the employment of a 
secretary, an assistant secretary, a stenographer, and a 
night watchman. Money is also appropriated to be used 
by the board in collecting, compiling, and publishing each 
year statistics, giving information as to the yield of " agri- 
cultural and other farm and industrial products " in the 
state and showing the number of acres of land under irriga- 
tion, including information as to new irrigation enterprises. 

The state board of agriculture is referred to in the codes and statutes 
as the " state agricultural society." The original state agricultural 
society was incorporated in 1854. The plan of organization provided 
for a board of twelve directors to be appointed by the governor, and 
for a general membership to consist of those who paid the regular 
dues. There are no such members at present, but the board of direc- 
tors, or the state board of agriculture, is still referred to as " state 
agricultural society." 3 

1 The appropriation for the purpose amounts to less than $10,000 each year. 

2 Statutes of 1880, page 212. 

3 The legislature has divided the state into forty-five agricultural districts in which 
associations may be formed for the purpose of holding district fairs ; and such fairs 
are from time to time held in different parts of the state. 



APPOINTIVE OFFICERS AND BOARDS 239 

156. The State Dairy Bureau. 1 — This branch of the 
state government is under the control of a board of three 
members appointed by the governor, each for four 
years. They serve without pay, but their expenses in- 
curred in the public service are paid. They employ a 
secretary and a number of trained inspectors. The office 
of the secretary is in San Francisco. The most important 
duties of the bureau are as follows : — 

1. To prevent the sale of milk or milk products from 
dairies where diseased cows are kept, or where unsanitary 
conditions exist. 

2. To prevent the sale of dairy products that are adul- 
terated, or mislabeled, or that contain chemical preserva- 
tives, thickening material, or coloring matter. 

3. To compel all manufacturers of oleomargarine and 
other substitutes for butter to label such manufactured 
products properly. Also to see that all cheese manufac- 
tured in the state is so branded as to show whether it is 
" full cream," " half-skim," or " skim " cheese. 

4. To prevent short measure and short weight in selling 
dairy products. 

5. To compile and disseminate statistics and useful 
information relative to the dairy industry. 

To enable the bureau to enforce these and other regulations im- 
posed by law, every dairy where more than four cows are kept, and 
every factory where milk products are manufactured, must file with 
the secretary of the bureau, on blanks furnished by the secretary, a 
statement giving full details as to the size, output, and general char- 
acter of the dairy or factory. Furthermore, every person or corpora- 
tion engaged in manufacturing or selling oleomargarine, or any other 
substitute for butter, must annually procure a license from the sec- 
retary of the bureau. A fee established by law is charged for each 
1 Statutes of 1897, page 68. 



240 THE STATE EXECUTIVE 

license. The bureau is supported by the money thus collected, in 
addition to appropriations made by the legislature. 1 The bureau 
sends inspectors and chemists to all parts of the state to see that the 
dairy laws are enforced. District attorneys and peace officers are 
required to cooperate with them in their work. They cooperate with 
the local health officers in preventing the sale of unhealthful dairy 
products ; and they report all cases of diseased cows which come under 
their observation to the state veterinarian. The bureau must report 
biennially to the legislature. 

157. The Labor Commissioner. 2 — The labor commis- 
sioner is at the head of the state bureau of labor statis- 
tics. He is appointed by the governor for a term of four 
years. His office is in San Francisco, but he maintains a 
branch office in Los Angeles. He appoints a deputy com- 
missioner for the main office, and a deputy and an assistant 
deputy for the Los Angeles office. He receives $3000 a 
year, each deputy $2400, and the assistant deputy $2100. 
He is also authorized to appoint an attorney at a salary of 
$2400 and a "statistician, a stenographer, and such agents 
and assistants as he may from time to time require." 
His most important duties are as follows : — 

1. To compile statistics relative to labor conditions in 
the various occupations and callings in the state. These 
statistics are to give information relative to hours of labor ; 
the amount of labor required ; the cost of living ; the num- 
ber of people depending on their daily labor for support; 
the value of lands, buildings, machinery, and other means 
of production ; the number, age, and sex of the unemployed ; 
sanitary conditions under which people work ; etc. County 
assessors are required to assist in the collection of this in- 
formation. The commissioner and his deputies and agents 

1 The appropriation amounts to something over $20,000 a year. 

2 Statutes of 1883, page 27. 



APPOINTIVE OFFICERS AND BOARDS 241 

have free access to factories and other places where people 
are employed, and have the power to summon witnesses. 
The information collected must be embodied in a biennial 
report to the legislature. 

2. To grant licenses to proprietors of employment agen- 
cies. No person may engage in this business without 
such a license. Each license is granted for one year. Li- 
cense fees are collected according to law, and the money thus 
received goes into the labor bureau fund. 

3. To enforce labor laws. He is specially required to 
enforce the child labor law, the law forbidding unsanitary 
conditions in places where people are employed, the law 
forbidding the use of unsafe scaffolding, and other laws. 
Inspectors are sent to all parts of the state, and if discovery 
is made that labor laws are being violated, arrests and prose- 
cutions follow, through the aid of local peace officers and 
district attorneys. (See article XIX, and sections 15, 17, 
18, article XX, of the constitution.) 

158. Industrial Commissions. 1 — There are two impor- 
tant state commissions that have to do with the industrial 
life of our people : the industrial accident commission and 
the industrial welfare commission. 

The industrial accident commission consists of three mem- 
bers appointed by the governor each for four years at a sal- 
ary of $5000 a year. It has its principal office in San 
Francisco and maintains a branch office in Los Angeles. It 
is authorized to appoint an attorney, a secretary, a man- 
ager of the state compensation insurance fund, a superin- 
tendent of the department of safety, and such other 
assistants, experts, inspectors, and employees as may be 
necessary. 

1 Statutes of 1913, Chapters 176 and 324. 
CIVIL GOV. IN CAL. l6 



242 THE STATE EXECUTIVE 

The law provides that if a person is injured or killed while 
working for another, the employer is liable for damages, 
except in the case of employees engaged in farm work or 
in domestic service. To determine the amount of the 
liability is often a very complicated matter. The law 
contains many regulations for the adjustment of such 
disputes, and creates the industrial accident board to carry 
these regulations into effect. Cases are taken up by the 
commission on applications of interested parties. It care- 
fully investigates each case, and renders its decision and 
awards damages according to the facts. Any award of 
the commission may be filed with the clerk of any superior 
court in the state, and is thereafter regarded as a judgment 
of that court. Any party to the dispute may appeal from 
the decision and award to the state supreme court or to the 
district court of appeals, but in reviewing such cases these 
courts are subject to certain limitations mentioned in the law. 

In order that liability for industrial accidents may not 
prove to be too heavy a burden for employers, the state 
undertakes to insure them against loss from such accidents. 
An insurance fund is provided and placed in the charge of 
the industrial accident commission, which has full power to 
establish premium rates and to adopt regulations for 
administering the fund. It is intended that this enterprise 
shall be self-supporting, but that the state shall make no 
profit from it. No employer is compelled to take out any 
insurance with the state. 

The commission is also given power to inspect places of 
employment and to compel employers to take such precau- 
tions and to establish such conditions as will make acci- 
dents improbable and safeguard the health of employees. 

The industrial welfare commission consists of five members 






APPOINTIVE OFFICERS AND BOARDS 243 

appointed by the governor. One of their number must be 
a woman. The term of office is four years, and each mem- 
ber receives, in addition to traveling expenses, $10 a day 
for the time devoted to the public service. The commission 
appoints a secretary " and such expert, clerical, and other 
assistants as may be necessary." 

" It shall be the duty of the commission to ascertain the 
wages paid, the hours and conditions of labor and employ- 
ment in the various occupations, trades, and industries 
in which women and minors are employed." The word 
" minor" here refers to children under eighteen years of age. 
The commission or its assistants may inspect any place 
where women and children are employed, and may require 
reports at any time from such places. " If, after investiga- 
tion, the commission is of the opinion that, in any occupa- 
tion, trade, or industry, the wages paid to women and 
minors are inadequate to supply the cost of proper living, 
or the hours or conditions of labor are prejudicial to the 
health, morals, or welfare of the workers," the commission 
may call a conference composed of representatives of the 
employers and workers, for the purpose of getting at all the 
facts in the case. After this the commission may fix a 
" minimum wage " that must be paid, prescribe the maxi- 
mum hours of employment per day, and establish a stand- 
ard of conditions looking toward health and safety that 
must be maintained. Any employer who disregards any 
order of the commission in respect to any of these matters 
is guilty of a misdemeanor and is subject to fine or imprison- 
ment or both. This commission was created by the legis- 
lature of 1 91 3. It is clearly intended to protect the weaker 
members of society from industrial oppression and the 
misery and degradation growing out of it. 



244 THE STATE EXECUTIVE 

159. The State Board of Health. 1 — As we have seen 
(§ 99), our general state system for the protection of 
the public health provides for the following boards and 
officers : — 

1 . The state board of health consisting of seven members, 
appointed by the governor, with the approval of the senate. 

2. County health officers appointed by boards of super- 
visors. 

3. Deputy county health officers for unincorporated 
towns, appointed by county supervisors. 

4. City boards of health and health officers appointed 
by city councils or in some other manner provided by 
city charters. 

The members of the state board of health are appointed 
for four years and serve without pay. They appoint a 
secretary, who is their executive officer. His salary is 
$3600 a year and his office is in the capitol. They also 
appoint an assistant secretary, a chemist, and various other 
employees. An attorney for the board is appointed by the 
governor. The most important duties of the department 
are as follows : — 

1. To protect the people of the state against contagious 
diseases. The details of this work are mainly in charge of 
the local health officers. If they are unable to locate the 
source of an epidemic, the state board sends trained in- 
spectors to assist. The state board may assume entire con- 
trol of a situation on the request of the local health officers ; 
or, without such request, if it is convinced that such action 
is necessary. Local health officers must report all cases of 
contagious diseases to the state board. The board may 
quarantine any part of the state. It must prevent the in- 

1 Political Code, § 2978 seq. 



APPOINTIVE OFFICERS AND BOARDS 245 

troduction of contagious diseases from other states. 1 To 
aid in the diagnosis of doubtful cases, it maintains a hy- 
gienic laboratory in Berkeley, to which health officers may 
send specimens for examination. 

The board maintains a special department of tuberculosis 
to register all persons in the state who are afflicted with 
this disease, and to supervise all hospitals, sanitariums, and 
other places where tuberculous patients are treated. The 
board appoints a director for this department, and the gov- 
ernor appoints an advisory board of four members. The 
members of this board receive no pay, but their traveling 
expenses incurred in the public service are paid by the state. 
It makes recommendations to the state board of health 
relative to the treatment of tuberculosis. 

2. To keep a record of marriages, births, and deaths. 
As far as possible, the cause of every death must be recorded. 

3. To prescribe the form of permits issued by local of- 
ficers for the burial, cremation, or transportation of the 
bodies of deceased persons. 

4. To enforce the state pure food law. The state board 
maintains a pure food and drug laboratory in Berkeley. 
Samples of foods that are offered for sale are purchased 
and sent to the laboratory by special agents appointed for 
the purpose, and by county sheriffs who are constituted such 
agents by the pure food act. If any article is found 
to be adulterated or mislabeled, the person who is respon- 
sible is prosecuted. This means the person from whom it 
was purchased, unless he is able to show a written guarantee 
from the manufacturer or wholesaler, from whom he pur- 
chased it, to the effect that the article is not adulterated 

1 The federal government protects us against contagious diseases from foreign 
countries. 



246 THE STATE EXECUTIVE 

or mislabeled ; in which case the person making the guar- 
antee is responsible. 

5. In general, to enforce all state laws that refer to the 
public health. The state board is given power to adopt 
any measures that may be necessary for this purpose. In 
carrying on its work, the department cooperates at all times 
with the national health officers. 

6. To present a biennial report to the governor. 

7. The board maintains a department for examining and 
registering graduate nurses. This department is in charge 
of a director appointed by the board. No person may be 
designated as a " registered nurse " unless registered by the 
department. Graduate nurses may be registered without 
examination up to July 1, 19 14, but after that date only 
those may be registered who pass an examination given by 
the state board of health. Certificates of registration are 
given to all registered nurses. 

160. The State Board of Pharmacy. 1 — This board con- 
sists of seven members appointed by the governor. The 
term of office is four years and each member receives eight 
dollars a day for the time he devotes to the public service. 
The board has its office in San Francisco and appoints a 
secretary, a treasurer, and such inspectors as may be nec- 
essary. Its most important duties are as follows : — 

1. To enforce all state laws relative to the sale of drugs, 
medicines, and poisons. Inspectors are employed to visit 
places where such articles are sold. If impure or mislabeled 
articles are found, prosecutions follow. Inspectors, work- 
ing in conjunction with local peace officers, also endeavor 
to arrest and convict persons who sell opium, morphine, 
cocaine, and other drugs and preparations, contrary to law. 

1 Statutes of 1905, page 535 ; Statutes of 1907, page 766. 



APPOINTIVE OFFICERS AND BOARDS 247 

2. "To examine and register as pharmacists and assist- 
ant pharmacists all applicants whom it shall deem qualified 
to be such." The law imposes numerous conditions that 
must be observed by the board in this matter, the aim of 
which is to make certain that drugs shall be handled by 
competent and experienced persons. Every laboratory or 
store where drugs are sold or where prescriptions are filled 
must be in the charge of a registered pharmacist. Phar- 
macists and assistant pharmacists must renew their regis- 
trations annually, paying to the secretary of the state board 
the fees required by law. The expenses incurred by the 
board are paid from these fees. All receipts and expendi- 
tures must, of course, be strictly accounted for. 

161. Boards of Examiners. — No person may engage 
in the profession or calling of a physician, a dentist, an 
optician, a veterinary surgeon, an architect, or a public 
accountant, in this state, without first obtaining a state 
certificate granting him or her permission so to do. The 
law provides for boards of examiners to examine candi- 
dates and grant certificates to those whom they find to be 
qualified. 

The state board of medical examiners consists of eleven 
members appointed by the governor, each for two years. 
Five are appointed from the allopathic system of medicine, 
and two each from the homeopathic, eclectic, and osteo- 
pathic systems. The board grants three kinds of certifi- 
cates : one kind for the practice of medicine and surgery, 
another for the practice of osteopathy, and another for the 
practice of other systems of treatment. 1 

The state board of dental examiners consists of seven mem- 
bers appointed by the governor, each for four years. 2 

1 Statutes of 1907, page 252. 2 Statutes of 1901, page 564. 



248 THE STATE EXECUTIVE 

The state board of optometry consists of three members 
appointed by the governor, each for six years. 1 

The state board of veterinary medicine consists of five mem- 
bers appointed by the governor, each for four years. 2 

The state board of architecture consists of ten members 
appointed by the governor, each for four years. Five must 
be appointed from northern, and five from southern, 
California, the northern boundaries of San Luis Obispo, 
Kern, and San Bernardino counties being the dividing 
line. The members may meet as a state board or as dis- 
trict boards. Examinations are held in San Francisco and 
Los Angeles by the northern and southern district boards 
respectively, according to rules adopted by the entire 
board. 3 

The state board of accountancy consists of five members 
appointed by the governor each for four years. 4 

Each of these various boards of examiners elects a presi- 
dent and a secretary, and carries on its work according to 
law. Each collects fees from the candidates whom it ex- 
amines. The money thus collected is used to pay expenses, 
including the amount allowed per day to the .members for 
the time they devote to the public service. 

162. State Hospitals. 5 — The care of the insane and 
feeble-minded is a heavy burden on the state. This is 
made clear by the fact that the state has invested in 
institutions for this purpose over $7,500,000, and that 
the taxpayers must provide over $1,750,000 a year for 
their support. There are seven such institutions. Six of 
these are hospitals for the insane, located at Stockton ; 

1 Statutes of 1913, chapter 598. 3 Statutes of 1901, page 641. 

2 Statutes of 1907, page 919. 4 Ibid., page 645. 

5 Statutes of 1909, page 56; Political Code, § 2136 seq. 



APPOINTIVE OFFICERS AND BOARDS 249 

Napa ; Agnews, Santa Clara county ; Talmage, Mendo- 
cino county; Patton, San Bernardino county; and Fol- 
som, Sacramento county. 1 The hospital at Folsom is 
for the criminal insane. The seventh is the home 
for feeble-minded children at Eldridge, Sonoma county. 
In March, 191 2, the state hospitals had 7790 patients, 
with 653 on parole ; and the home for feeble-minded 
children had 939, with 16 on parole. It should be 
pointed out that, according to the report of the com- 
mission in lunacy for 1910, of the 1800 cases committed 
to the various hospitals during the preceding year, nearly 
500 had become insane through the use of liquor, morphine, 
and cocaine, and through other forms of dissipation. 

A state board known as the " commission in lunacy " 
has general supervision over all these institutions. It con- 
sists of the general superintendent of state hospitals, the 
secretary of the state board of health, the governor, 
the secretary of state, and the attorney-general. It es- 
tablishes rules for the institutions under its jurisdiction, 
fixes the salaries of their officers and determines the num- 
ber of their employees. It keeps complete statistics con- 
cerning these institutions and presents a report to the legis- 
lature every two years. The general superintendent of 
state hospitals is appointed by the governor, and his salary 
has been fixed by the commission at $5000 a year. 2 He is 
the only member of the commission who gives his entire 
time to the supervision of state hospitals. 

1 The legislature of 1913 provided for another hospital for the insane to be lo- 
cated in southern California "preferably near to the seacoast." A commission 
is provided to select the site and to put up necessary buildings, and $200,000 is 
appropriated for the purpose. 

2 The governor also appoints an officer known as the state dental surgeon, whose 
duty is to perform dental services for the inmates of the various hospitals. His 
salary is S2400 a year. 



250 THE STATE EXECUTIVE 

Each institution has a board of five managers appointed 
by the governor. 1 The term of office is four years, and each 
member receives ten dollars a day for the time he devotes 
to the public service. Each board has general supervision 
of the hospital under its charge, subject to the jurisdiction 
of the lunacy commission. It appoints a medical super- 
intendent and a treasurer. The medical superintendent 
is the chief executive officer of the institution. With the 
approval of the board of managers, he appoints all subordi- 
nate officers and employees. 

Insane persons are committed to the state hospitals by 
the order of the superior court. The legislature of 191 1, 
however, provided that persons who are suffering from 
mental diseases may be admitted for treatment as volun- 
tary patients. The hospitals are supported mainly by 
state appropriations, but patients who are financially able 
to do so are required to pay fifteen dollars a month each. 

163. State Prisons. — The two state prisons are lo- 
cated at San Quentin, Marin county, and at Folsom, 
Sacramento county. The land, buildings, and other prop- 
erty represent (1913) an investment of over $2,500,000. In 
March, 191 2, the two prisons contained 3002 prisoners 
and 501 were out on parole. 

Both prisons are under the control of a board of five 
prison directors appointed by the governor, with the ap- 
proval of the senate, each for ten years. 2 Their office is 
in the ferry building in San Francisco. Their most impor- 
tant duties are as follows : — 

1. To appoint a warden and a clerk for each prison. 

1 The state lunacy commission is the board of managers of the Folsom hospital, 
no local board being provided for. 

2 Read article X of the state constitution. 



APPOINTIVE OFFICERS AND BOARDS 251 

2. To establish rules for the management of the prisons. 

3. To determine the number of employees for each prison. 

4. To purchase supplies for the prisons. 

5. To grant paroles to prisoners for good conduct. The 
directors appoint a parole officer and certain assistants 
to keep track of prisoners on parole. These prisoners 
are responsible to the directors until their terms have ex- 
pired, and must report to the parole officer once a month. 
The directors may cancel the parole of any prisoner at any 
time and order him back to prison. 

6. To provide for the employment of prisoners. A fac- 
tory for making jute bags is operated at San Quentin and 
a rock crusher at Folsom. The legislature of 191 1 provided 
for the manufacture, at the two prisons, of furniture, ma- 
terials, and supplies to be sold to the state as well as to 
counties, cities, and school districts for use in their public 
institutions. Machinery was soon installed at San Quen- 
tin, and this prison, which had previously cost the state 
over $300,000 a year, is now partially self-supporting. 
Machinery is soon to be installed at Folsom (1913). 

164. The Bureau of Criminal Identification. 1 — The bureau of crim- 
inal identification is in the charge of a director, who is appointed by 
the board of prison directors to serve during the pleasure of the board. 
The board must provide an office for the director and furnish him with 
sufficient help. 2 His salary is $1800 a year. His most important 
duties are as follows : — 

1. So far as possible to collect and keep on file in his office, photo- 
graphs, measurements, finger print records, and descriptions of all 
persons who have been convicted and imprisoned, or otherwise pun- 
ished, for crimes committed " in this or any other state, territory, or 

1 Statutes of 1905, page 520. 

2 For some time the office was in San Francisco, but it has recently been removed 
to San Quentin prison. 



252 THE STATE EXECUTIVE 

possession, of the United States of America." These items of infor- 
mation are obtained from United States prison authorities, and from 
prison authorities, jail keepers, and police departments of this and 
other states. Every Saturday all such items of information relative 
to persons who have been discharged during the week must be sent to 
the office of the director from every prison and other penal institution 
in this state. 

2. To furnish any information on file in his office relative to any 
person, on the request of any of the proper federal authorities, or of 
the proper authorities of any city or county of this or any other state. 

165. State Reform Schools. 1 — California has two re- 
form schools : one at Whittier near Los Angeles, and one 
near lone, Amador county. The Whittier state school 
is a general school for boys between the ages of seven and 
sixteen, and for girls between the ages of seven and twenty- 
one. The school at lone is known as the Preston School 
of Industry, and is for boys between the ages of eight and 
twenty-one. No person is committed to either school who 
is over eighteen years of age. All commitments must be 
by the superior or juvenile courts, and must be made in 
every case after some crime or other delinquency has been 
proved (§ 210). 

In 1913, the land, buildings, and other property of the two reform 
schools represented an investment of over $1,000,000. The legisla- 
ture is required to appropriate over $250,000 each year for the sup- 
port of these two institutions. In March, 191 2, there were detained 
at the Preston school 404 boys, and 299 were out on parole ; and at 
the same time there were at the Whittier school 247 boys and 44 
girls, with a total of 313 on parole. 

The legislature of 19 13 provided for a third reform school which 
is to be for girls only, and to which all the girls in the Whittier 
school are to be removed. This school is to be under the control of 
five trustees appointed by the governor. They are to select and 

1 Statutes of 1889, page 111 ; Statutes of 1893, page 39. 



APPOINTIVE OFFICERS AND BOARDS 253 

purchase a site for the school, and the department of engineering is 
to put up necessary buildings. 

The two schools at Whittier and lone are each under 
the control of a board of three trustees appointed by the 
governor. The appointment in the case of the Whittier 
board must be confirmed by the senate. The term of 
office is four years, and they serve without pay. The 
board of the Preston School of Industry appoints a super- 
intendent, a military inspector, a parole officer, and a 
secretary. The superintendent appoints such other em- 
ployees as the board directs. The board of the Whittier 
school appoints a superintendent, a parole officer, and all 
other assistants and employees. The superintendent of 
each school is its chief executive officer, and manages the 
institution according to the rules and regulations adopted 
by the boards of trustees. 

166. The Institution for the Deaf and the Blind. 1 — This 
institution is housed in a fine group of brick buildings lo- 
cated in Berkeley. The land, buildings, and other property 
are equal in value to about $1,150,000. The mainte- 
nance of the institution costs the state nearly $100,000 a 
year. The institution is a school for deaf, dumb, and 
blind residents of the state, " of suitable age and capac- 
ity." Room, board, and instruction are furnished free 
of charge, and even clothing is supplied to those who are 
unable to clothe themselves. There are about one hun- 
dred girls and somewhat more than that number of boys 
at the school. 

The institution is under the control of a board of five 
trustees who are appointed by the governor with the ap- 
proval of the senate, to serve four years without pay. 

1 Political Code, § 2236 seq. 



254 THE STATE EXECUTIVE 

The trustees establish rules and regulations for the institu- 
tion, and appoint the principal, teachers, matrons, janitors, 
and all other employees. 

167. The Industrial Home for the Adult Blind. 1 — This 
institution is located in Oakland. The land, buildings, and 
other property represent an investment of over $175,000. 
It costs the state about $40,000 a year to maintain 
this institution. The home was established to furnish 
instruction in certain trades to adult blind people, to pro- 
vide a home for those who desire to remain as workmen 
after they have learned trades, and to furnish a home for 
aged blind people who are unable to work. No charge 
is made for instruction, and aged blind people in indigent 
circumstances are given a home free of charge. Able- 
bodied men and women who live at the home and work in 
the factories pay a small amount for their maintenance 
but they receive wages for their work. Manufacturing 
brooms and brushes and reseating chairs are about the only 
kinds of work so far undertaken at the home. The receipts 
from this source amount to something over $25,000 a year. 
The number of persons living at the home in March, 19 12, 
was 117, of whom 22 were women. 

The home is under the control of a board of five trustees, 
who are appointed by the governor to serve during his 
pleasure. They receive no compensation. They appoint 
a superintendent, a secretary, and other necessary officers 
and employees, and establish rules for the management of 
the institution. 

168. The State Board of Charities and Corrections. 2 — 
This board consists of the governor and six other members 
appointed by him with the approval of the senate. The 

1 Political Code, § 2207 seq. 2 Statutes of 1903, page 482. 



APPOINTIVE OFFICERS AND BOARDS 255 

appointed members serve without compensation, and their 
term of office is four years. The board appoints a secre- 
tary whose office is in San Francisco. 

This board is concerned with the state hospitals, prisons, 
reform schools, the blind homeland the school for the deaf 
and blind; with county and city hospitals, orphanages, 
poor farms, prisons, and jails ; and with all orphanages 
and other charitable institutions maintained by private 
persons or corporations. The authority of the board over 
these institutions is very limited. Its duties with respect 
to them are as follows : — 

1. Concerning the public institutions mentioned, it must 
examine into their condition and carefully observe their 
methods. It may prescribe the forms according to which 
they must keep records and render reports. Plans for 
buildings for any such institution before adoption must be 
" submitted to the board for suggestions and criticism." 

2. It has the same authority and duty with respect to 
all " institutions and persons receiving any state aid for 
the care of orphan, half -orphan, abandoned, or dependent 
children." 

There are between forty and fifty such orphanages in the state, 
furnishing homes for over five thousand children. The state devotes 
nearly $450,000 a year to the support of these unfortunate children. 1 

3. No organization, society, or person may engage in 
the work of placing dependent children in homes without 
obtaining a permit from the board. 

4. The board must make a biennial report to the gover- 
nor as to the condition of every institution under its juris- 
diction. This report must contain recommendations as 

1 See section 22, article IV of the constitution. 



256 THE STATE EXECUTIVE 

to changes that, in the estimation of the board, should be 
made in the laws governing these institutions, or in the 
methods employed in their management. This report 
usually has great weight with the legislature and thus the 
board has considerable influence in spite of the fact that 
it has little direct authority. 

169. The Commission of Immigration and Housing. 1 
— This commission consists of five members appointed by 
the governor to serve during his pleasure. They receive 
no compensation, but their traveling expenses are paid by 
the state. The main office of the commission is in San 
Francisco, but it is authorized to establish branch offices in 
other places according to its judgment. It appoints a sec- 
retary and may employ such other experts and assistants 
as it may require. 

A good many immigrants from Europe have been coming 
to California within recent years, and it is expected that still 
larger numbers will come after the opening of the Panama 
Canal. It is very much to be hoped that these people will 
not congregate in cities to the extent that immigrants have 
done in the eastern part of our country, but that they will 
move into the smaller towns in the rural sections of the 
state. To induce them to do so is the most important duty 
of the commission of immigration and housing. The com- 
mission must collect information relative to the demand 
for labor on the farms of California, and also with reference 
to " the agricultural possibilities and opportunities for settle- 
ment on land within the state. ' ' It must collect information 
also relative to the demand for labor in other industries, 
and must cooperate with state and municipal employment 
bureaus, as well as with private employment agencies, to 

1 Statutes of 1913, chapter 318. 



APPOINTIVE OFFICERS AND BOARDS 257 

the end that immigrants may find employment in the places 
where they are needed. It must put the information which 
it collects in such form that it may be of service to immi- 
grants and must devise methods for distributing it among 
them. 

It is the further duty of the commission to give constant 
attention to the general interests of immigrants: to see 
that they receive fair treatment in places where they are 
employed, and in places where they may be temporarily 
lodged upon their first arrival; to see that they are not 
imposed upon by railroad or steamship companies, or by 
pawn brokers, real estate agents, or other persons or cor- 
porations with whom they may have dealings ; and to see 
that state laws and municipal ordinances relative to tene- 
ment houses are enforced. The method of the commission 
in attending to these various matters is to make investiga- 
tions and to bring cases that need attention to the notice 
of local authorities. 

170. The Veterans' Home of California. 1 — This in- 
stitution is located at Yountville, Napa county. Its prop- 
erty, consisting of 910 acres of land, and some forty-five 
buildings, has a value of nearly $425,000. It was formerly 
owned and managed by the Veterans' Home Association, 
a corporation formed by the Grand Army of the Republic, 
and the Associated Veterans of the Mexican War; but it 
was deeded to the state by the association in 1897. It is 
under the control of a board of seven trustees appointed by 
the governor. Their term of office is four years and they 
serve without compensation. They appoint a commandant, 
who is the chief executive officer of the home, and other 
necessary officers and employees. There were 928 veterans 

1 Statutes of 1905, page 471. 
CIVIL GOV. IN CAL. 1 7 



258 THE STATE EXECUTIVE 

present at the home in 1910. No charge is made to them 
for their support. The home is maintained by appropria- 
tions from the state and national governments. The 
federal government allows $100 a year for each veteran 
maintained at the home. The government in addition 
maintains a veterans' home at Sawtelle, Los Angeles 
county. 

171. The Women's Relief Corps Home. 1 — This institution is 
located at Evergreen, Santa Clara county. The property consists of 
five and one half acres of land and a number of buildings, valued at 
nearly $25,000. The home is under the control of a board of trustees 
consisting of eleven members appointed by the governor. Their 
term of office is two years and they serve without compensation. 
They appoint a matron and other officials and employees. The home 
is intended for ex-army nurses, and widows, mothers, daughters, and 
sisters of Union veterans of the Civil War. The institution is sup- 
ported by appropriations from the state treasury. 

172. The State Library. 2 — The state library in the 
capitol building is under the control of five trustees ap- 
pointed by the governor to serve four years without pay. 
They appoint a librarian and assistants, make rules for 
the library, and administer the library fund. This fund 
consists of appropriations by the legislature amounting 
(1913) to nearly $100,000 a year. Books are used by state 
officers, and by people throughout the state who receive them 
directly, or through local libraries. If received through 
county libraries, the state pays the transportation charges. 

The state librarian receives $3600 a year. In addition 
to his work in Sacramento, he is chairman of the state 
board of library examiners, which, besides himself, con- 
sists of the city librarians of San Francisco and Los 

1 Statutes of 1907, page 702 ; Political Code, § 2210 seq. 

2 Political Code, § 2292 ; Statutes of 1899, page 30, as amended in 1913. 



APPOINTIVE OFFICERS AND BOARDS 259 

Angeles. No person may be appointed as a county li- 
brarian in the state without a certificate from this board. 
Examinations are given to those desiring such certificates. 
The state librarian has general supervision over all county 
libraries, and county librarians must make reports to him. 
He calls a convention of county librarians each year, which 
they are obliged to attend at the expense of their respective 
counties. 

173. The Superintendent of State Printing. 1 — The superintendent 
of state printing has charge of the state printing office. He is ap- 
pointed by the governor, with the approval of the senate, to serve 
during the pleasure of the governor. His salary is $5000 a year. 
The printing plant occupies an entire building on the capitol grounds. 
The superintendent appoints necessary assistants and has entire 
control of the establishment. All supplies are purchased under the 
sanction of the state board of control. The office. prints state school 
textbooks ; the reports of state officers ; laws passed by the legislature ; 
the journals of the legislature; blank forms for the supreme court, 
the governor, secretary of state, and other state officers ; and numerous 
other pamphlets, bulletins, and public documents. 

174. The Superintendent of the Capitol and Grounds. 2 — This 
official is appointed by the governor to serve during his pleasure. 
His salary is $3000 a year. He has entire control of the capitol 
and grounds and is given authority to appoint gardeners, special 
policemen, janitors, engineers, electricians, and other employees. 
He purchases all fuel and other supplies for the building and 
grounds under the sanction of the board of control. 

175. The Code Commission. 3 — The code commission, or " com- 
mission for the revision and reform of the law " as it is often called, 
is not a permanent branch of the state government, but is provided 
for from time to time as the legislature considers that its services are 
needed. Previous to 1903, when it existed, it consisted of three mem- 

1 Statutes of 1911, page 1127. 

7 Ibid., page 572. 

' Statutes of 1907, page 294 : Statutes of 1909, page 997. 



260 THE STATE EXECUTIVE 

bers ; since then it has consisted of one member. The term of the 
last commissioner expired October i, 191 1. 

A code is the systematic arrangement of the law according to topics 
and subtopics, properly indexed, and sanctioned by the legislature. 
In 1868, the legislature appointed a commission of three members to 
codify the laws of the state. The commission was appointed for two 
years, but as it had not completed its work at the end of that time, 
the legislature provided for the appointment of a second commission 
of three members, by the governor. This commission continued the 
work of the first, and in 1872 submitted to the legislature a complete 
codification of the laws of California as they then existed. The legis- 
lature approved the work, and the code of 1872, as amended to date, 
is still in force. It consists of four divisions, each printed in a separate 
volume: The Political Code, The Civil Code, The Code of Civil 
Procedure, and The Penal Code. A fifth volume, called the " Gen- 
eral Laws of California," accompanies the codes. 1 It contains either 
full texts of, or references to, all acts of the legislature, or statutes, 
other than those that consist of amendments to the codes. 

A code commissioner is provided for from time to time to make 
such recommendations to the legislature as will enable it to correct 
any errors that may exist in the codes, and to keep them in harmony 
with the decisions of the supreme court ; and also to " ascertain, de- 
termine, and designate, according to his best judgment, those statutes 
now in force, and those expressly or by implication repealed, and to 
report the same to the next legislature." 

176. State Landmarks. — Two historic landmarks belonging to 
the state should be mentioned: Sutter's Fort in Sacramento and 
Marshall's Monument at Colma, Eldorado county. 2 Sutter's Fort 
was built in 1839 by John A. Sutter and figured prominently in the 
early history of California. It was donated to the state in 1891 by 
the Native Sons of the Golden West. It is now under the control 
of a board of five trustees appointed by the governor. Marshall's 
Monument was erected by the state at a point overlooking the spot 
where James W. Marshall discovered gold in 1848. It is a statue of 
Marshall and is in charge of a guardian appointed by the governor. 

1 It is customary to pluralize the word. 

2 The legislature of 1913 appropriated $ 5000 to erect a monument in Sonoma at 
the spot where the bear flag was raised in 1846. 



APPOINTIVE OFFICERS AND BOARDS 261 

The state has spent some money for the preservation of two 
other landmarks : the old custom house and Colton Hall, both at 
Monterey. The former belongs to the national government and the 
latter to the city of Monterey. Colton Hall is the building in which 
the first state constitutional convention met in September, 1849. 

177. The State Civil Service Commission. 1 — The leg- 
islature of 1 9 13 passed an act creating a state civil service 
commission consisting of three members appointed by the 
governor. The term of office is four years, and the salary 
of each commissioner is $3000 a year. 

A rather long list of appointive positions are exempt 
from civil service regulations. Among these are all ap- 
pointees of the legislature and the governor; superin- 
tendents, chiefs, and heads of departments and institutions ; 
attorneys, chief deputies, head secretaries, and stenog- 
raphers of all elective officers, and all boards and commis- 
sions ; employees of the railroad commission, teachers, 
common laborers, and a few others. This leaves, subject 
to civil service regulations, a large number of positions 
filled by subordinate clerks, stenographers, accountants, 
inspectors, assistants, engineers, and others. 

The commission must classify the positions that come 
under its jurisdiction, and must hold examinations through- 
out the state for the purpose of making up an eligible list 
for each class. When an appointment is to be made the 
appointing power notifies the commission. The commis- 
sion submits three names, if it has that many on the 
proper list, and one of these must be accepted. Promotion 
in the service is attained through examination. Either 
the appointing power or the commission may remove for 
cause any appointee whose position is subject to civil 

1 Statutes of 1913, chapter 590. 



262 THE STATE EXECUTIVE 

service regulations. The commission is authorized to 
appoint a chief examiner and such other assistants as it 
may require. Many details respecting the work of the 
commission are here omitted, which may be ascertained 
by reference to the creating act. This act was passed in 
response to a steadily growing public sentiment that 
appointment to positions in the civil service of the state 
and of its political subdivisions, as well as in that of the 
nation, should be based upon merit rather than on political 
influence. 

178. Conclusion. — This long list of officers, boards, 
and commissions, interspersed with numerous statements 
of powers and duties, is doubtless somewhat bewildering. 
It may not give evidence of a well worked out, systematic 
plan of government, and one has some difficulty in seeing 
through it all the will of a great people striving to realize 
itself in action. But that is exactly what the student 
should endeavor to see. Back of every duty imposed upon, 
and every power granted to, any governmental agency, 
should be discerned some public want which the people 
are trying to satisfy, or some public interest which they 
are trying to advance. 

These officers and boards have been established from time 
to time as need for them has developed. The greater 
number has been created by the legislature, and even those 
that are provided for in the constitution must look to the 
legislature for detailed assignments of their powers and 
duties. The personnel of the legislature changes every 
two years, our public wants and interests have been in- 
creasing rapidly in number and intensity, and it is therefore 
not surprising that our governmental machinery should be 
characterized by a lack of system. In some cases the 



APPOINTIVE OFFICERS AND BOARDS 263 

functions of two or more departments overlap and a higher 
degree of centralization would seem to be both more eco- 
nomic and more efficient. For instance, it is difficult to see 
why the board of health and the board of pharmacy could 
not be consolidated with profit; also the board of agri- 
culture, the dairy bureau, the office of state veterina- 
rian, and the office of horticultural commissioner; and 
possibly the offices of bank commissioner, insurance com- 
missioner, and building and loan commissioner. It further- 
more seems as if the governmental machinery for the 
management of the state hospitals is more complicated 
than it should be. 

Something has been accomplished along this line in re- 
cent years. The legislature of 1907, in creating the depart- 
ment of engineering, gave to it the work of five former 
departments and commissions. The legislature of 191 1, 
in creating the state board of control to take the place of 
the state board of examiners, took a long step -toward 
centralization by giving the new board greater power than 
the former board had exercised, in supervising the expendi- 
ture of state money by other boards and officers. The same 
legislature, at its extra session, by placing the duty of 
supervising all public utilities on the state railroad com- 
mission, gave additional proof of its belief in a higher degree 
of centralization in the state government. On the other 
hand the legislature of 19 13, by creating a number of in- 
dependent commissions, the duties of some of which 
slightly overlap those of former officers and boards, has 
rendered the state government less systematic and cen- 
tralized than it has ever been. 

In spite of any lack of system that may appear in the 
work of the legislature respecting the machinery of the state 



264 THE STATE EXECUTIVE 

government, there can be no doubt of its general purpose, 
in repudiation of the doctrine of laissez faire, to subject all 
private enterprises, in so far as they affect the health, 
happiness, and general welfare of the people, to the super- 
vision and control of the agents of the people. 

In the following list of officers appointed by the governor, 
a star (*) indicates that the appointment must be con- 
firmed by the senate. This was once thought to be a val- 
uable check on the governor, but such is no longer the 
prevailing opinion. Many appointments provided for by 
recent legislation are placed exclusively in the hands of 
the governor, which, if provided for fifteen or twenty years 
ago, would have required the sanction of the senate. For 
example, the appointment of the boards of trustees of the 
three most recently established normal schools, contrary 
to the rule followed in respect to the older of such schools, 
does not need to be confirmed by the senate. The same 
inconsistency is seen in the appointment of trustees for the 
two reform schools. 



Accountancy, State Board of. Five members. § 161. 

Adjutant General. § 127. 

Adult Blind, Home for. Five trustees of. § 167. 

Advisory Board, Bureau of Tuberculosis, Health Department. Four 

members. § 159. 
Advisory Board, Engineering Department. Three members. § 145. 
Agriculture, State Board of. Twelve members. § 155. 
Architecture, Board of. Ten members. § 161. 
Attorney of State Board of Health. § 159. 
Banks, Superintendent of. § 141. 
Building and Loan Commissioner. § 143. 
Burial Grounds, State. Three trustees of.* (Grounds located in 

Sacramento. Any person who dies a state officer may be 

buried there.) 






APPOINTIVE OFFICERS AND BOARDS 265 

Board of Control. Three members. § 135. 

Capitol and Grounds, Superintendent of. § 174. 

Charities and Corrections, Board of. Six members.* § 168. 

Civil Service Commission. Three members. § 177. 

Consulting Board, Engineering Department. Five members. § 145. 

Corporations, Commissioner of. § 144. 

Dairy Board. Three members. § 156. 

Deaf and Blind, Institution for. Five trustees of.* § 166. 

Dental Examiners, Board of. Seven members. § 161. 

Dental Surgeon. Footnote, § 162. 

Engineer, State. § 145. 

Fish and Game Commission. Three members.* § 152. 

Forester, State. § 148. 

Harbor Commissioners. Three for each harbor.* § 146. 

Health, State Board of. Seven members.* § 159. 

Highway Engineer, State. § 145. 

Horticultural Commissioner, State. § 153. 

Hospitals, Superintendent of. § 162. 

Board of five managers for each. § 162. 

Immigration and Housing, Commission of. Five members. § 169. 

Industrial Accident Commission. Three members* § 158. 

Industrial Welfare Commission. Five members, § 158. 

Insurance Commissioner.* § 142. 

Labor Commissioner. § 157. 

Library, State. Five trustees of. § 172. 

Marshall's Monument. Guardian of. § 176. 

Medical Examiners, Board of. Eleven members. § 161. 

Mineral Cabinet. Three trustees of. § 151. 

Mineralogist, State. § 151. 

National Guard. § 127. 

General Officers of the Line.* 
Governor's Staff. 

Normal Schools. Five trustees of each. (The senate must approve 
these appointments except for the trustees of the Santa Bar- 
bara, Fresno, and Humboldt schools.) § 191. 

Optometry, State Board of. Three members, § 161. 

Pharmacy, State Board of. Seven members. § 160. 

Pilot Commissioners. Three for each port.* § 147. 



266 THE STATE EXECUTIVE 

Polytechnic School, State. Five trustees of. § 192. 
Port Wardens. Six in number.* § 147. 
Prison Directors. Five in number.* § 163. 
Railroad Commission. Five members. § 140. 
Reform Schools. § 165. 

Five trustees of the Girls' School. 

Three trustees of the Whittier School.* 

Three trustees of the Preston School. 
Superintendent of State Printing.* § 173. 
Sutter's Fort. Five trustees of. § 176. 
University of California. Sixteen regents of.* § 193. 
Veterans' Home. Seven trustees of. § 170. 
Veterinarian, State ; and one Assistant. § 154. 
Veterinary Medicine, State Board of. Five members. § 161. 
Water Commission, State. Three members. § 150. 
Weights and Measures, Superintendent of. § 149. 
Women's Relief Corps Home. Eleven trustees of. § 171. 

Note. — In addition to the above the governor appoints all no- 
taries public in the state, some six thousand in number. They are 
appointed for four years to administer oaths and take acknowledg- 
ments. The governor also appoints certain persons in other states, 
and in certain foreign nations, known as " commissioners of deeds," 
who have power to administer oaths and take acknowledgments 
which are as binding in California as if subscribed to before a notary 
public in this state. They are appointed for four years. In 1909 
there were forty-four " commissioners of deeds," representing Cali- 
fornia in fourteen states and Hawaii ; and twenty in foreign countries. 

Practically every session of the legislature provides that the gov- 
ernor shall appoint certain temporary commissions to do special 
assignments of work. For example, the legislature of 191 3 authorized 
him to appoint a commission of five members to study the question 
of old age pensions and mothers' pensions, in other states and nations, 
and to report to the legislature at its next session ; also to appoint 
two delegates to go with delegates from other states to Europe for 
the purpose of studying the different systems of cooperative agricul- 
tural societies and rural credits " for the purpose of establishing in 
this country a sound system of rural credits and agricultural finance." 



APPOINTIVE OFFICERS AND BOARDS 267 



Questions 

1. What are the powers of the railroad commission with respect 
to fares and freight rates; discrimination; through routes; delay 
in furnishing cars and in unloading cars ? 

2. Why should a railroad company be forbidden to grant passes 
except to its employees ? 

3. Exactly why is the management of a bank, an insurance com- 
pany, or a building and loan association a matter of public interest ? 
How do the three kinds of banks recognized by the state law differ 
from one another? How does a building and loan association differ 
from a savings bank? 

4. How does the bank commissioner, the insurance commissioner, 
or the building and loan commissioner proceed in case an institution 
under his jurisdiction should become insolvent ? How does the fact 
of the insolvency of the institution become known to him ? How do 
these commissioners keep informed about the institutions under 
their charge? 

5. If a building is to be erected for a state institution, what are 
the duties of its board of trustees and the state engineering depart- 
ment respectively in the matter? 

6. Why does the national government assist in the improvement 
of rivers and harbors in California ? 

7. If a tract of forest-covered land is privately owned, ought the 
owner to have the right to destroy the forest in case the land cannot 
by this means be rendered suitable for cultivation? (Note. — A law 
in Maine regulates the cutting of trees on privately owned land.) 

8. How does the fish and game commission enforce the laws for 
the protection of fish and game ? 

9. In what respect is the state system for protecting trees, vines, 
and other plants against pests and diseases superior to the system for 
protecting live stock against diseases? 

10. What officers constitute the state system for the protection 
of the public health ? 

11. What are the relations between the state dairy bureau and the 
local health officers ? Between this bureau and the office of the state 
veterinarian ? 



268 THE STATE EXECUTIVE 

Note. — The best way to obtain a thorough understanding of 
the work of any board or commission is to read the law defining its 
powers and duties, and its latest printed report. If it issues bulletins, 
they are also helpful. The California Blue Book, issued by the sec- 
retary of state every two years, is invaluable as a reference book. 
It contains the names of all state officers; tells where in the codes 
and statutes the powers and duties of the various officers, boards, and 
commissions may be found ; and gives the addresses of the secre 
taries of the various departments. It may be found in any public 
library, or in any lawyer's library. Every high school is entitled to 
a copy free of charge. Reports of the various officers and boards may 
be obtained free of charge through the mail. 






CHAPTER XIV 
THE STATE SCHOOL SYSTEM 1 

179. Introductory. — One of the most important things 
that government undertakes to do is to educate growing 
citizens. So important is this duty that the state, counties, 
cities, and school districts — a special kind of public cor- 
poration created for this one purpose — are all engaged in 
discharging it. The magnitude of the task may be appre- 
ciated by reflecting that it now (191 3) requires over 
$20,000,000 each year to support our elementary and high 
schools in California. Every public school in the state is 
a part of our state educational system ; and the mainte- 
nance and government of the schools in any locality can be 
understood only in their relation to the state system as 
a whole. 

180. School Districts. 2 — The entire state is divided 
into school districts. There were 3357 grammar school 
districts in the state in 191 2. We have learned that each 
county is divided into such districts by the board of 
supervisors. New districts may be formed, or the bound- 
aries of old districts changed, by the supervisors, on 
petition of the people affected, according to certain 
regulations imposed by law. A district may be formed 
lying partly in one county and partly in another by the 
consent of the two boards of supervisors and the two county 
superintendents. Every incorporated city is a separate 

1 See article IX, state constitution. 2 Political Code, § 1575 seq 

269 



270 THE STATE SCHOOL SYSTEM 

school district, 1 but the county supervisors have power to 
add to it for school purposes any adjoining territory. In 
such a case the district consists of the city and the territory 
which has been added. 

We have learned (§ 22, 2) that every school district is 
a public corporation, having the power to tax itself for 
school purposes. It receives financial aid from the state and 
the county. This state and county money must be used to 
pay the ordinary running expenses of the school and is often 
sufficient for this purpose. Any deficiency is provided for 
by a district tax. The district must provide a building or 
buildings in which to hold school, and for this purpose may 
vote bonds, or a special tax not to exceed seventy cents on 
the hundred dollars. School must be maintained in each 
district at least six months during the year. If in any dis- 
trict there has been for a school year an average daily 
attendance of less than six pupils, the district lapses, and 
the supervisors must annex it to one or more adjoining 
districts. 

181. Union Districts. 2 — The law provides a method 
whereby any number of adjoining districts may unite to 
form one large district. Where this is done the district 
provides a method of transporting the children from their 
homes to the school. By this means country children are 
given the advantage of a strong, vigorous, well-equipped 
school. This system is used quite extensively in some 
states and to a certain extent in California, and has so far 
given eminent satisfaction. 

1 According to a law passed in 191 1 a community will not in the future become 
a separate school district on its incorporation as a city or town of the sixth class. 
The incorporation will have no effect on the former arrangements for school pur- 
poses. 

2 Political Code, § 1674 seq. 



SCHOOL BOARDS 27 1 

182. School Boards. 1 — Rural school districts and those 
consisting of incorporated towns using sixth class and 
special charters are governed by boards of school trustees. 2 
Each board consists of three members, one elected each year 
for a term of three years. Union district boards consist 
in each case of one member elected from each of the districts 
comprising the union, except when the union consists of 
two districts, in which case each one elects three members. 
The larger cities — those using the fifth class, and most 
of those using freeholders' charters — have boards of educa- 
tion. 3 The board consists of five members in a city of the 
fifth class. In cities governed by freeholders' charters, the 
number of members, their term of office, the manner in 
which they are chosen, are matters determined in each case 
by the city charter. Their number ranges from five to eleven, 
and their term of office from two to five years. In most 
cases they are elected, but in three cities — San Francisco, 
San Jose, and Alameda — they are appointed by the mayors. 

Boards of school trustees and city boards of education 
have practically the same powers and duties, 4 the most 
important of which are as follows : — 

1. They have in charge the general business management 
of the schools. That is, they construct school buildings 
and keep them in repair, purchase supplies, and have 
general control of school property and school finances. 

1 Political Code, §1611 seq. 

2 Except Santa Clara, whose special charter provides for a board of education. 
The school election in these towns is held on the first Friday in April. The mu- 
nicipal election is held at a different time. 

3 A few freeholders' charters — for example, those of Monterey, Napa, Santa 
Rosa, and Woodland — make no provision for the selection of school directors. 
They are, therefore, elected in these cities, or in the school districts in which they 
are located, according to state law. 

4 City boards of education have greater powers in certain particulars. See § 81. 



272 THE STATE SCHOOL SYSTEM 

2. They conduct school district elections either for vot- 
ing taxes or school bonds, or for electing members of school 
boards, except in cities where school elections are held in 
connection with municipal elections. 

3. They employ teachers, janitors, and other necessary 
employees and determine their salaries. 

4. They make rules for the management of the schools. 
Teachers, parents, and pupils must obey these rules. They 
have power to dismiss teachers, or to suspend or expel 
pupils, for cause. 

183. Teachers. — Statistics for the year 191 2 show that 
12,986 teachers were employed in the public elementary 
and high schools of California at that time and 262 
teachers in public kindergartens. Almost all of our 
teachers are specially trained for their work, as most 
grammar grade teachers are graduates of the state normal 
schools, and most high school teachers are university 
graduates. 

184. Pupils. — In 191 2, 404,365 boys and girls attended 
the public elementary and high schools of California, and 
9708 attended the public kindergartens. The pupils are 
the most important part of the school system. In fact, 
the entire system exists for them. Our taxpayers know 
that an educated man or woman has a much better 
chance in the world than one who is uneducated. 

Education means ability to do something well. The 
men who occupy prominent positions in business, politics, 
literature, or in any of the professions, as well as those 
who are making the greatest success on the farm, are educated 
men. The women who are doing the most good in the 
world are educated women. It is of course true that school 
is not the only place in which one can receive an education. 



HIGH SCHOOLS 273 

Many persons acquire ability through experience, but the 
same persons would in all probability have acquired a 
higher degree of efficiency if they had had a thorough train- 
ing in school while young. Our lawmakers know that if a 
boy or girl misses the advantages which our schools have to 
give, he or she is preparing to enter upon life's work badly 
handicapped ; and they have written in the laws of Cali- 
fornia that every child in the state between the ages of 
eight and fifteen, who is healthy in mind and body, must 
attend school unless excused, for reasons mentioned in the 
law, by the school board of the district in which he or she 
lives. This law is not as strictly enforced as it should be, 
and in most parts of the state the responsibility of seeing 
that children go to school rests with their parents. 

185. High Schools. 1 — Any incorporated city or town, 
or any school district which had during the preceding school 
year an average daily attendance at school of one hundred 
pupils, becomes a high school district if a majority of the 
votes cast at an election called to determine the question 
are favorable. 

Such an election must be called by the county superintendent on 
petition of a majority of the voters or a majority of the heads of 
families living in the town or district. The law provides a method 
whereby a union high school district may be formed from any number 
of adjacent school districts in the same county ; 2 and also a method 
whereby a joint union high school district may be formed from 
adjacent districts partly in one county and partly in another. 3 

Each high school district is governed by a high school 
board. In every case where the district coincides with an 
incorporated city or town, or with a single school district, 

1 Statutes of 1911, page 917 seq. 

2 In 191 2 there were in such districts in the state. 

3 In 191 2 there were 13 such districts in the state. 
CIVIL GOV. IN CAL. l8 



274 THE STATE SCHOOL SYSTEM 

the common school board acts as the high school board. 
The board of a union or joint union high school district 
consists of five members, elected by the district at large, for 
three years, one or two members being elected each year. 

Each high school district may maintain one or more high 
schools ; or any county may maintain one or more county 
high schools on the approval of the voters at an election 
called to determine the question. 

In 1912 there were 229 high school districts in the state. Twenty 
of these were county districts organized for the purpose of maintain- 
ing county high schools. High schools are supported mostly by local 
taxes, but the state each year contributes to their support to the ex- 
tent of $15 for each pupil on the basis of average daily attendance. 

186. The County Superintendent of Schools. 1 — A 

county superintendent, as stated in Chapter V, is elected 
in each county, by the voters at large, for four years. 
His most important duties are as follows : — 

1. To superintend the schools of his county; that is, 
to see that all the schools are conducted according to law, 
that they use the proper textbooks, that teachers and school 
trustees do their duty, that school money is not wasted, etc. 

2. To apportion the money raised by the county for 
school purposes, as well as the money received from the 
state, among the various school districts of the county. 

3. To authorize the expenditure of school money. The 
money belonging to each school district in the county is 
kept in the county treasury. The trustees of a district 
pay expenses by drawing warrants on the superintendent. 
Every warrant must state the purpose for which the money 
is to be spent. When a warrant is presented to the super- 
intendent, he must satisfy himself that the money may be 

1 Political Code, § 1543 seq. 



THE COUNTY BOARD OF EDUCATION 275 

lawfully spent for the purpose stated. He then draws an 
order on the auditor, who in turn draws on the treasurer. 

4. To visit every school in his county at least once a 
year. 

5. To approve plans for new school buildings outside of 
incorporated cities. No board of trustees of a rural 
district may put up a building without such approval. 

6. To make an annual report to the superintendent of 
public instruction concerning the schools of his county. 

7. To fill vacancies, until the next election, in any board 
of school trustees. 

8. To call and preside over teachers' institutes. 

187. The County Board of Education. 1 — Each county 
board of education consists of the county superintendent, 
who is its secretary, and four other members appointed 
each for two years by the board of supervisors. Two mem- 
bers are appointed each year. Their most important 
duties are as follows : — 

1. To grant teachers' certificates as follows : — 

a. High school certificates, on credentials authorized 
by law or by the state board. 

b. Grammar grade certificates, on proper credentials 
or on examination. 

c. Special high school or grammar grade certificates, 
authorizing the holders to teach certain subjects, on ex- 
amination. 

d. Kindergarten-primary certificates, on credentials. 
Diplomas from the kindergarten department of any Cali- 
fornia state normal school, or from any other institution 
approved by the state board, are proper credentials. 

1 Political Code, § 1768 seq. 



276 THE STATE SCHOOL SYSTEM 

2. To revoke for cause any certificate granted by them. 

3. To perform the following duties for all parts of 
the county outside of cities having boards of education: 
adopt a county course of study for elementary schools, 
grant diplomas to pupils who have completed the course of 
study in elementary schools, and approve courses of study 
which have been adopted for high schools by high school 
boards. City boards of education have charge of these 
matters in their respective jurisdictions. 

4. To serve as a high school board in case one or more 
county high schools are maintained. 

188. The State Superintendent of Public Instruction. 1 — 
The superintendent of public instruction is at the head 
of the state school system. He is elected at the general 
state election every four years and has his office in the 
capitol. His official duties, however, require him to 
spend a large part of his time in traveling about the state. 
His most important duties are as follows : — 

1. He must see that the state laws relating to the public 
schools are enforced ; and must compile and print all such 
laws in pamphlet form, and " supply school officers and 
school libraries with one copy each." 

2. He must apportion the state school fund among the 
various counties, and must furnish an abstract of his ap- 
portionment to each county auditor, treasurer, and super- 
intendent of schools, as well as to the financial officers of 
the state. He must draw his warrant on the state controller 
in favor of each county treasurer covering the amount ap- 
portioned to the county. 

3. Every even-numbered year, on or before the 15th of 
September, he must report to the governor the condition 

1 Political Code, §§ 1532, 1533. 



THE STATE BOARD OF EDUCATION 277 

of the public schools, and of all other educational institu- 
tions supported by the state. This report must show, be- 
sides other things, the number of pupils and teachers, and 
the total amount of money collected and spent for school 
purposes in each county in the entire state. It must be 
printed and bound in order that copies may be supplied 
to persons who desire it. 

4. He is the executive officer of the state board of edu- 
cation, and is its secretary unless it chooses some one else 
for that position. He is a member of the board of regents 
of the University of California, of the board of trustees of the 
State Polytechnic School, and of the board of trustees of 
each of the eight state normal schools. 

5. He must print and furnish to school officers all neces- 
sary blank forms, must visit all orphan asylums which receive 
state aid, and must interpret the school law when called 
upon to do so. He gives advice to the governor and mem- 
bers of the legislature relative to school matters, supervises 
the work of the assistant superintendents, and, in general, 
superintends and represents the public schools of the state. 

189. The State Board of Education. 1 — The state board 
of education consists of seven members appointed by the 
governor each for four years. Regular meetings of the 
board are held in Sacramento once every three months, 
and special meetings may be called at any time. Each 
member receives $ 1 5 a day for the time he devotes to the 
public service, in addition to traveling expenses. The 
superintendent of public instruction is the executive officer 
of the board, and must act as its secretary unless it chooses 
another person for that position. The most important 
duties of the board are as follows : — 

1 See section 7, article IX of the constitution. See also Political Code, § 1517 seq. 



278 THE STATE SCHOOL SYSTEM 

1. To make rules for the government of the public 
schools. These rules must not, of course, conflict with any 
state law. 

2. " To prescribe by general rule the credentials upon 
which persons may be granted certificates to teach in the 
high schools of this state. No credentials shall be pre- 
scribed or allowed, unless the same, in the judgment of the 
board, are the equivalent of a diploma of graduation from 
the University of California." Such credentials must also 
give evidence of special training in pedagogy. 

3. To grant life diplomas to holders of teachers' certifi- 
cates of any grade who have taught forty-eight months. 

4. To revoke certificates or life diplomas " for immoral 
or unprofessional conduct, or for evident unfitness for 
teaching." 

5. To adopt a uniform series of textbooks for the ele- 
mentary schools of the state. Such books may be pur- 
chased from publishing companies when necessary, but 
most of them are printed and bound at the state printing 
office. The board gains the right to print them by enter- 
ing into contracts with authors and publishers. They are 
distributed to the elementary school children of the state 
free of cost. 1 

6. To appoint three assistant superintendents of public 
instruction: one to be known as commissioner of elemen- 
tary schools, one as commissioner of secondary schools, 
and one as commissioner of industrial and vocational 
schools. It is the duty of each assistant to investigate the 
schools under his supervision and to recommend needed 
changes to the state board and to local school authorities. 
The salary of each assistant is $4000 a year. 

1 See constitution, article IX, section 7. 



SCHOOL FINANCES 279 

190. School Finances. 1 — Money for the support of 
our public elementary and high schools is supplied by the 
state, the counties, and the various school districts. 

The state school fund for the support of the elementary 
schools is derived from the following sources : — 

1. From an appropriation by the legislature equal to $13 
a year for each pupil in the state, calculated on the basis 
of the average daily attendance at school during the pre- 
ceding year. This is appropriated from the money received 
from the state corporation tax. 

2. From a poll tax of two dollars each on all men in the 
state, except paupers, insane persons, and Indians not 
taxed, between twenty-one and sixty years of age. As 
we have seen, this is collected by county assessors. 

3. From an appropriation of $250,000 a year from the 
state inheritance tax. 

4. From the interest on bonds which the state holds in 
trust for the school fund. When California was acquired 
by the United States it contained vast areas of land which 
no one owned. This became government land. Accord- 
ing to acts of Congress which had been passed in 1785 and 
in 1848, one eighteenth of this land — that is, two sections 
out of every congressional township — became the property 
of the state for the support of the public schools (§ 137). 
By another act of Congress which had been passed in 1841, 
the state received 500,000 additional acres of public land, 
and this has also been dedicated to the support of the public 
schools. Most of this land has been sold and the money has 
been invested in state, county, and city bonds. In 1906 
Congress granted to each state 5 per cent of the amount 
received from the sale of government lands within its 

1 Political Code, § 181 7 seq., as amended tin. 



280 THE STATE SCHOOL SYSTEM 

borders since 1882. California received nearly one million 
dollars from this source, and this money has also been 
invested in bonds for the benefit of the schools. All 
these bonds, representing in 191 2 an investment of nearly 
$7,000,000, are held by the state treasurer, and the in- 
terest from them is placed each year in the state school 
fund. 

5. From interest on unsold school lands. A good many 
persons have entered into contracts with the state for 
school lands. They are permitted to occupy the lands, the 
title to which remains in the state, as long as they pay 
interest on the contract price. Any person entering into 
such a contract may pay the purchase price and receive a 
deed to the land at any time. 

The state high school fund consists entirely of an appro- 
priation by the legislature equal to $15 a year for each high 
school pupil in the state, calculated on the basis of the 
average daily attendance at school during the preceding 
year. 1 This, like the appropriation for the elementary 
schools, comes from the state corporation tax. 

The state school funds are apportioned each year among 
the various counties by the superintendent of public in- 
struction. In apportioning the fund for the elementary 
schools he allows to each county $250 for each teacher to 
which the county is entitled, and divides the balance among 
the counties according to the average daily attendance at 
school during the preceding year. In apportioning the 
high school fund he divides one third of it equally among 
the high schools of the state that are entitled to state aid, 

1 The average daily attendance both of elementary and high school pupils is re- 
ported each year to the state controller by the superintendent of public instruction. 
He derives the data for his report from the reports of the various county super- 
intendents. 



SCHOOL FINANCES 281 

and apportions the balance among these schools according 
to their average daily attendance. 

The county school fund is derived entirely from a school 
tax imposed by the supervisors. This tax must be suffi- 
cient each year to yield an amount which, when added to 
the money received from the state, will equal $550 for each 
teacher to which the county is entitled. 1 Each school 
district in the county is entitled to at least one teacher, 
and any district is entitled to an additional teacher for 
every thirty-five pupils (calculated on the basis of average 
daily attendance at school during the preceding year) or for 
a fraction of thirty-five not less than ten. 2 Each district 
is also entitled to two additional teachers for every seven 
hundred pupils in average daily attendance. The county 
superintendent reports to the supervisors each year the 
amount that must be raised by a county tax. 

If the money received from the state and county is not 
sufficient to maintain the school or schools in any district, 
the county supervisors, on the request of the district school 
board, with the approval of the county superintendent, 
must impose a special tax on the district for school purposes. 

This tax must not exceed thirty cents on the hundred if it is for 
the general maintenance .of the schools; and it must not exceed 
seventy cents if it is for building purposes. This applies to cities as 
well as to county school districts ; but when a school district coincides 
with a city, the school tax may be imposed by the city council instead 
of the county supervisors, and, even if it is imposed by the supervisors, 
the council may contribute to the school fund from the city treasury. 

1 In no case, however, must the county tax yield a sum less than Si 3 for each 
pupil in average daily attendance in the county during the preceding year ; that is, 
the county must not fall below the state in the amount it contributes. But the 
county school tax rate must not exceed fifty cents on the hundred. 

2 If there is a fraction less than ten, the district receives $40 for each pupil in aver- 
age daily attendance comprising the fraction. 



282 THE STATE SCHOOL SYSTEM 

Any district may issue bonds for the purchase of school sites, or for 
erecting and equipping school buildings, if two thirds of the votes 
cast at an election called to determine the question are favorable; 
but the amount of the debt that it may incur must not exceed five 
per cent of the assessed value of the taxable property within its bor- 
ders. Such bonds may be issued in any city, under the control of 
the school board, as school district bonds; or, under the control of 
the city council, as city bonds. 

191. State Normal Schools. 1 — The state maintains 
seven normal schools. They are located at San Jose (es- 
tablished 1862), Los Angeles (1882), Chico (1889), San 
Diego (1897), San Francisco (1899), Santa Barbara (1909), 
and Fresno (191 1). Each is under the control of a board 
of trustees consisting of the governor, the superintendent 
of public instruction, and five other members appointed by 
the governor. The senate must approve these appoint- 
ments, except in the case of the trustees of the Santa 
Barbara and the Fresno schools. These institutions exist 
for the purpose of preparing teachers for our elementary 
schools. The Santa Barbara state normal prepares its 
graduates to teach manual training and domestic science 
in the public schools. The legislature of 19 13 provided 
for an eighth normal school to be located in Humboldt 
county. It is to be governed in the same manner as the 
other normal schools. 2 

192. The State Polytechnic School. 3 — There is a state 
polytechnic school at San Luis Obispo. Its board of trus- 
tees is constituted exactly as the board of any of the normal 
schools. 2 It is open to any of the young people of the state 
who are able to meet its entrance requirements. Agricul- 

1 Political Code, § 354; Statutes of 1899, page 177; Statutes of 1909, page 795. 

2 Board of trustees need not be approved by the senate. 

3 Statutes of 1901, page 115. 






CONCLUSION 283 

ture, engineering, manual training, domestic science, business 
methods, and mechanics are among the subjects taught. 

193. The State University. 1 — At the head of our public 
school system stands the State University. It has a govern- 
ing board of twenty-three regents. Sixteen of these are ap- 
pointed by the governor, with the approval of the senate, 
each for a term of sixteen years. The others are ex officio 
members. They are the governor, the lieutenant governor, 
the superintendent of public instruction, the speaker of 
the assembly, the president of the university, the president 
of the state board of agriculture, and the president of the 
Mechanics' Institute of San Francisco. Berkeley is the 
home of the university ; but colleges of law, medicine, den- 
tistry, and pharmacy, and an institute of art, all belonging 
to it, are located in San Francisco. A medical college in 
Los Angeles, Lick Observatory on Mount Hamilton, the 
state farm at Davis, Yolo county, and a number of labo- 
ratories and agricultural experiment stations in different 
parts of the state also belong to the university. 

The university is supported by appropriations from the 
state treasury, and by the interest on money derived from 
the sale of lands which Congress in 1853 and again in 1862 
granted to the state for the support of a a seminary of 
learning." The grant of 1862 was especially intended to 
provide for a college of agriculture, and this college has 
been established as one of the important departments of 
the university. The state farm at Davis, consisting of 
780 acres, and the agricultural experiment stations above 
mentioned are under the supervision of this department. 

194. Conclusion. — In addition to aiding our public 
schools, and maintaining the various state institutions of 

1 Political Code, §§ 353, 1425, 1427. 



284 THE STATE SCHOOL SYSTEM 

learning, the state still further encourages education by 
exempting the property of Stanford University, and that 
of a number of other private institutions, 1 from taxation. 
This is really giving state aid. Education will come to no 
one without hard work ; but the wisdom and generosity 
of our taxpayers have placed the opportunity to work 
for an education within the reach of every boy and 
girl in the state. 

Questions 

1. How can it be said that every public school is a state institu- 
tion? 

2. To what extent is the government of our state school system 
centralized, and to what extent is it founded on the principle of local 
self-government ? 

3. What part has the national government had in the develop- 
ment of our school system ? 

4. Should the compulsory education law be enforced ? 

5. Why is the absence of any pupil from school a direct financial 
loss to the school district ? Is this true if the absence is for only one 
day? 

1 See the state constitution, article IX, sections 10, 11, 12, and 13. 



CHAPTER XV 
THE STATE JUDICIAL SYSTEM 

195. The Purpose of the Courts. — Courts exist to in- 
terpret the law when disputes arise as to its meaning, and 
to apply it to special cases. They never offer their serv- 
ices, but hear only such cases as are brought before them. 
When a case is brought into court, the duty of the court 
is to ascertain the exact point of difference between the 
parties to the suit, and to decide the case by applying the 
general law to it. An example will make this clear. Some 
years ago the supervisors of San Francisco decided to pur- 
chase a piece of land on which to build a smallpox hospital. 
They entered into an agreement with the owner of the land 
and gave him a warrant on the auditor for the amount of 
the purchase price. The auditor gave him a warrant on the 
treasurer, but the latter refused to pay the money on the 
ground that the supervisors did not have the power to 
spend the money of the city for that purpose. The owner 
brought suit in the superior court to compel the treasurer to 
pay him the money. 1 The law gave the supervisors power 
" to make all regulations which may be necessary for the 
preservation of the public health and the prevention of con- 
tagious diseases." Did this give them power to spend the 
city's money to buy land on which to build a hospital for 
the treatment of one particular disease? The treasurer 
claimed that it did not, and the man who wished to sell 

1 Von Schmidt vs. Widber, 105 Cal. 151. 
285 



286 THE STATE JUDICIAL SYSTEM 

the land to the city claimed that it did. The court decided 
the case in favor of the treasurer. The law did not clearly 
state that the supervisors could buy land for this special 
purpose, and it is an old principle of law that no public 
corporation may buy land for any purpose unless the law 
expressly gives it power. The duty of the court was to 
interpret the law and then to apply it as thus interpreted 
in the settlement of the particular dispute before it. 

In many cases the meaning of the law is perfectly clear, 
and the only duty of the courts is to apply it to the cases 
brought before them. If a man is caught committing a 
crime, he may be detained in jail until the court can con- 
sider his case ; but no punishment may be inflicted upon 
him, even though he confesses his guilt, until the court 
applies the law to his particular case by pronouncing judg- 
ment upon him. 

196. The Difference between Civil and Criminal Cases. 
— Suits, or cases brought before the courts, are either civil 
or criminal. Civil suits grow out of disputes between peo- 
ple concerning such matters as property rights, contracts, 
debts, damages, nuisances, personal rights, and privileges. 
The one bringing the case into court is called the plaintiff, 
and the one against whom it is brought is called the defend- 
ant. If the defendant is accused of having committed 
fraud or some other crime, he may be under arrest, but this 
is usually not the case in civil suits. Both parties are often 
absent from court, being represented by their attorneys. 
In a civil suit, the dispute is between the plaintiff and the 
defendant, the people of the state as a whole having no 
interest in the matter beyond the fact that they want the 
courts to decide all such cases justly. 

In deciding a civil suit, the court has no thought of pun- 



KINDS OF CIVIL CASES 287 

ishing the one against whom the decision is rendered. Its 
purpose is to settle disputes and protect people in their 
rights. But the thought of punishment is the motive that 
brings every criminal case into court. The defendant is 
accused of committing a crime, and the court is called upon 
to determine whether he is guilty or not and to name the 
punishment if he is guilty. Criminal cases are brought 
into court by prosecuting attorneys in the name of the 
people of California, for all the people are injured when a 
crime is committed. If " A " breaks a contract which 
he has made with " B," in the eyes of the law, " B " alone is 
injured ; and if suit is brought against "A," " B " must 
bring it. This, of course, is a civil suit. When the case is 
decided, the costs 1 of the trial are paid by the one who 
loses, unless assessed by the court to both parties. If 
" A " steals money from " B," in the eyes of the law the 
people of California are injured, and the district attorney, 
or the city prosecuting attorney, has " A " arrested and 
prosecutes him before the court in the name of the people. 
All the expenses of the trial, except what " A " pays his 
attorney, are paid from the county or city treasury. 

197. Kinds of Civil Cases. — Civil cases are divided into 
two great classes : law cases and equity cases. The dis- 
tinction between law and equity is too complicated to be 
fully set forth in a book like this. 2 In general, it may be 

1 Costs do not include attorneys' fees. They consist of certain fees that must 
be paid to the clerk of the court for services which he renders, to the sheriff or other 
peace officers for serving papers, to jurors and witnesses for time spent and ex- 
penses incurred in connection with the trial, and other charges allowed by law. 
Officers who receive salaries retain no money collected as fees. 

2 Pomeroy's Equity Jurisprudence is a complete treatise on equity. The first 
73 pages of the first volume contain a good discussion of the origin and nature of 
equity. For shorter accounts see Andrews's A merican Law, Dole's Talks about Law, 
the American Encyclopedia and other encyclopedias. 



288 THE STATE JUDICIAL SYSTEM 

pointed out that equity jurisprudence grew up in England 
centuries ago to supplement and mitigate the rigor of the 
common law. Law and equity were administered by sep- 
arate courts, and the equity courts gave relief in many 
cases where the law courts could not. For example, the 
law courts could award damages for injuries, for nuisances, 
or for breaches of contract ; but the courts of equity could 
forbid the commission of injuries, could suppress nuisances, 
and could compel the performance of contracts. The law 
courts, because of their complicated procedure and the un- 
yielding character of the laws which they administered, 
often worked injustice when they attempted to handle 
cases involving complicated and delicate human relation- 
ships ; while the courts of equity, because of their more 
simple procedure, and the flexibility of the rules which gov- 
erned them, handled such cases effectively and with justice. 
Since 1873 law and equity have been administered by 
the same courts in England. Both are administered by the 
same courts in California and in all other states of the 
Union, except five, which still have separate courts of law 
and equity. 1 The word " law " as now used includes eq- 
uity, but there are still important differences between cases 
at law, and cases in equity. Law cases are more numerous 
than equity cases, for they include all damage suits for 
injuries or for breaches of contract, suits for money claimed 
on contract, suits affecting land titles and the ownership 
of personal property, etc. Equity cases include cases that 
arise in connection with trusts and their administration, and 
suits for the enforcement or the modification of. contracts, 

1 New Jersey, Delaware, Tennessee, Mississippi, and Alabama. In the federal 
system, law and equity are administered by the same courts, but according to two 
distinct methods of procedure. Each court keeps separate dockets of law and equity 
cases, and the two kinds of cases are quite differently conducted. 






THE STEPS IN A CIVIL SUIT 289 

the enforcement of liens, the suppression of nuisances, the 
prevention of injuries, and for other kinds of preventive 
relief. The issuing of injunctions is probably the most 
common exercise of equity jurisdiction by our courts. 

198. The Steps in a Civil Suit. 1 — The steps in a civil 
suit are as follows : — 

1. The Pleadings. — The pleadings consist of a corre- 
spondence through the court between the plaintiff and the 
defendant, the purpose of which is to get before the court 
the exact cause of the dispute. The plaintiff files his com- 
plaint with the clerk of the court, or with the judge if there 
is no clerk. 2 The complaint is a statement of the facts 
upon which he bases his claim against the defendant. The 
clerk, or the judge, issues a summons to the defendant 
directing him to appear and answer the complaint within 
ten days. The summons, together with a copy of the com- 
plaint, may be served on the defendant by the sheriff, or 
by any other person over eighteen years of age who is not 
interested in the case. If the defendant fails to answer, 
judgment is rendered in favor of the plaintiff. On his 
part the defendant may object to the form of the complaint, 
or deny that the court has jurisdiction to try the case, or 
deny the facts stated in the complaint, or admit the facts 
but deny that they constitute a cause for action, or set up 
a counterclaim against the plaintiff, or plead something 
else to prevent or delay action. If the justice of the case 
demands it, the court may permit the plaintiff to amend 
his complaint, and the defendant to file an additional state- 
ment. 



1 Code of Civil Procedure, § 307 seq. 

2 Most of our township courts, presided over by justices of the peace, have no 
clerks. 

CIVIL GOV. IN CAL. IQ 



290 THE STATE JUDICIAL SYSTEM 

2. Provisional Remedies. — While the pleadings are in progress, 
the plaintiff may have the power of the court to protect his interests. 
If the defendant is about to escape from the state in order to defraud 
him, he may cause his arrest ; if the suit is to gain possession of prop- 
erty, and he has cause to believe that the defendant will dispose of it, 
he may ask the court to direct the sheriff to take possession of it ; 
if the suit is to collect a debt, and the plaintiff fears that the defendant 
will secrete his property in order to escape payment, he may have a 
writ of attachment against the property ; if the suit is to compel the 
defendant to refrain from some act or enterprise that is injuring him, 
he may ask the court for a temporary writ of injunction. These 
provisional remedies are, of course, granted according to regulations 
imposed by law. 

3. The Trial. — The pleadings make clear the exact 
point or points at issue between the plaintiff and the de- 
fendant. The issue may be one of law or one of fact ; that 
is, it may be a dispute over some point of law or over some 
fact or facts brought out in the pleadings. An issue of 
law is tried by the judge. An issue of fact is tried by the 
judge if the case is a suit in equity ; and by a jury if it is a 
suit at law, unless a jury trial is waived. 1 A trial by the 
judge consists of the examination of witnesses, the argu- 
ments of the attorneys, and the decision of the case. A 
jury trial consists of the selection of a jury, the examina- 
tion of witnesses, the arguments of the attorneys, the 
instructions to the jury by the judge, and the rendering 
of the verdict by the jury. 

Provision is made for settling civil disputes by a " reference " 
rather than by a trial in court. When this method is adopted, after 
the pleadings have been completed in court, the judge orders that 
the issue be submitted either to special referees chosen for the pur- 
pose, or to the regular court commissioner of the county. Except in 
certain special cases, both parties must agree to the reference. There 

1 See section 7, article I of the constitution. 






APPEALS IN CIVIL CASES 291 

may be three referees or only one, and the method of their selection 
is provided for in the law. The referees, or the court commissioner, 
after hearing the case, must report to the court, and the decision or 
verdict thus reported will stand as the decision of the court, unless 
set aside for cause by the court. 

4. Judgment and Execution. — The judgment in any 
case is the order of the court as to its final settlement and 
must of course be in harmony with the outcome of the trial. 
It may settle the title to a piece of land ; may direct the 
payment of a certain sum of money, the relinquishment of 
certain property, or the fulfillment of a certain contract ; 
may order that a certain act or enterprise be discontinued ; 
etc. In case the person against whom the judgment is 
directed refuses to comply with its requirement, the court, 
on request of the other party, issues a writ of execution, 
ordering the sheriff to see to its enforcement. 

199. Appeals in Civil Cases. — After a judgment is 
rendered, but before it is executed, the losing party, upon 
certain definite grounds which are carefully specified in the 
law, may appeal to a higher court. The law contains minute 
provisions as to the time and method of taking an appeal. 
It must be on certain definite grounds ; as, for example, that 
the judge in the lower court erred in admitting, or excluding, 
certain evidence, or in instructing the jury; or that the 
verdict of the jury, or the decision of the court, was not sup- 
ported by the law and the evidence introduced at the trial. 
The proceedings in the higher court are based on the record 
of the case sent up from the court below. There is no jury 
and no witnesses are examined. The record is submitted 
and the arguments of the attorneys are presented. The 
court either affirms, modifies, or reverses the judgment of 
the lower court. If it reverses the judgment, it may order 



292 THE STATE JUDICIAL SYSTEM 

a new trial or may settle the controversy forthwith by is- 
suing an appropriate order or decree. 

200. Kinds of Criminal Cases. — " A crime or public 
offense is an act committed or omitted in violation of a 
law forbidding or commanding it, and to which is annexed, 
upon conviction, one of the following punishments : death, 
imprisonment, fine, removal from office, or disqualification 
to hold and enjoy any office of honor, trust, or profit in this 
state." x The law contains many prohibitions and com- 
mands, violations of which do not constitute crimes, because 
none of these punishments are attached to them ; but per- 
sons who are injured by such violations may obtain satis- 
faction through civil suits. 

Crimes are divided into two classes : misdemeanors and 
felonies. " A felony is a crime which is punishable with 
death or by imprisonment in the state prison. Every other 
crime is a misdemeanor." 2 From this definition it is seen 
that the class to which a crime belongs depends upon the 
punishment attached to it. This is a matter that rests 
with the legislature. In the Penal Code many crimes and 
their punishments are catalogued, but this is by no means a 
complete list, as many others are named and their punish- 
ments defined in other codes and in numerous statutes. 
The difference between the two classes is simply one of 
degree. To steal property worth fifty dollars, or less, is 
petty larceny, a misdemeanor ; 3 but to steal property 
worth more than fifty dollars is grand larceny, a felony. 
All crimes resulting from the breaking of city and county 
ordinances are misdemeanors. 

1 Penal Code, §15. 

2 Ibid., § 17. 

3 Provided that in taking the property neither "robbery" nor "burglary" is 

committed. 



STEPS IN A CRIMINAL CASE 293 

201. Steps in a Criminal Case. — The steps in a crim- 
inal case are as follows : — 

1. The Arrest} — Any person may arrest a criminal 
whom he " catches in the act." An officer may arrest a 
person who is suspected of crime, on suspicion, or on a 
warrant issued by a judge of any court. A judge will 
issue a warrant for the arrest of any person on complaint 
of a private individual, or an officer, to the effect that the 
person complained of has committed a crime. The com- 
plaint must be given under oath and must be supported by 
evidence. If the case is triable in an inferior court (§ 204, 
3), the defendant is taken before any such court having 
jurisdiction, and the matter is disposed of as indicated in 
subdivisions 3, 4, and 5 of this section. If the case is triable 
in the superior court, 2 it reaches that court through one of 
two preliminary steps which will be described in subdivisions 
2a and 2b. 

2a. The Examination. 3 — If the defendant is charged 
with felony or a misdemeanor that is triable in the su- 
perior court, he may be taken before the nearest justice of 
the peace in the county, or before any police judge having 
jurisdiction in the matter, for a preliminary examination. 
If the examination convinces the magistrate 4 that suffi- 
cient evidence cannot be obtained to convict the accused, 

1 Penal Code, § 811 seq. 

2 The superior court has jurisdiction over all felonies, and over "high" mis- 
demeanors; that is, misdemeanors subject to a punishment of imprisonment ex- 
ceeding six months, or the payment of a fine exceeding $500. In some instances, 
however, police courts are given jurisdiction over all misdemeanors, as, for example, 
those of Los Angeles and Oakland. Such courts try "high" misdemeanors instead 
of sending them to the superior court. 

3 Penal Code, § 858 seq. 

4 The word magistrate signifies a judge or justice of the peace, who has power to 
examine persons accused of crimes and, when the evidence is found to be sufficient, 
to hold such persons to answer to the superior court, when that court has jurisdiction. 



294 THE STATE JUDICIAL SYSTEM 

he orders his release; if it convinces him that sufficient 
evidence can be obtained, he holds the accused to an- 
swer before the superior court. The accused is admitted 
to bail, 1 except when the crime is treason or murder, pro- 
vided he is able to furnish the amount named by the mag- 
istrate. If he cannot furnish the bail required, or if the 
crime is treason or murder, he is committed to the custody 
of the sheriff until his case can be tried. After he is " held 
to answer " by the magistrate, he is tried in the superior 
court on a charge called an " information," filed against 
him by the district attorney. The information sets forth 
the nature of the alleged crime and formally charges the 
accused with it. 

2b. The Indictment. 2 — Another method of bringing a 
person accused of a felony or a " high " misdemeanor be- 
fore the superior court for trial is by indictment. 3 An 
indictment is a formal accusation by a grand jury (§ 207) 
to the effect that a certain crime has been committed by a 
certain person. Instead of taking the accused before a 
justice of the peace or a police judge for a preliminary ex- 
amination, the district attorney may take him before the 
grand jury. If the evidence convinces the grand jury of 
his guilt, it " finds " an indictment against him, and he is 
then prosecuted in the superior court the same as if he had 
been " held to answer " by an inferior court. When an 
indictment is found, it is filed with the clerk of the superior 
court by the foreman of the grand jury. If the accused is 
not in custody, the clerk issues a bench warrant for his 
arrest, and if the offense is bailable, the superior court 
fixes the amount of bail. 

1 See section 6, article I of the constitution. 

2 Penal Code, § 888 seq. 3 See section 8, article I of the constitution. 



STEPS IN A CRIMINAL CASE 295 

3. The Arraignment. 1 — As soon as possible after the 
defendant is formally charged with the crime, he is ar- 
raigned ; that is, he is brought into court, the information 
or indictment is read in his presence, a copy is given him, 
and he is asked to enter his plea. In reply, he may try to 
have the information or indictment set aside on technical 
grounds, or he may plead guilty or not guilty. If the plea 
is guilty, the court, either immediately or within a few days, 
pronounces judgment upon him. If the plea is not guilty, 
the case is tried at once, or a time for the trial is set. 

4. The Trial. 2 — If the crime is a felony, the trial must 
be by a jury of twelve ; if it is a misdemeanor, it must be 
by a jury of twelve or a smaller number, unless both the 
prosecution and the defense agree upon a trial by the judge 
of the court. 3 A trial by the judge consists of the examina- 
tion of witnesses, the arguments of the attorneys, 4 and the 
decision as to the guilt or innocence of the accused ; a trial 
by jury consists of the selection of the jury, Che examination 
of witnesses, the arguments of the attorneys, the judge's 
instructions to the jury, and the verdict. The verdict 
must be by a unanimous vote of the jury. If the jury fails 
to agree, the case is as if it had not been tried ; a new jury 
must be selected, and the whole process repeated, unless 
the court, on motion of the prosecution, dismisses the 
case. 

5. Judgment and Execution. — The judgment is the sen- 
tence imposed by the judge. If the crime is a felony, the 
penalty will be death or imprisonment in one of the state 

1 Penal Code, § 976 seq. 

2 Ibid, § 1093 seq. 

3 Most misdemeanors are tried without juries. 

4 The accused is always entitled to the assistance of counsel. If he is unable 
to employ an attorney, the court will appoint one to defend him. 



296 THE STATE JUDICIAL SYSTEM 

prisons for a definite time ; if it is a misdemeanor, the pen- 
alty will be a fine, or imprisonment in the county or city 
jail, or both fine and imprisonment. 1 If a fine is not paid, 
the defendant is detained in jail, being credited with two 
dollars a day until the amount is canceled ; or if he has 
property, the sheriff may seize a sufficient amount to pay the 
fine. The execution of any judgment rests with the sheriff 
or some other peace officer, with the assistance of the prison 
authorities when necessary. 

202. Appeals in Criminal Cases. 2 — During the progress 
of a criminal prosecution, the distinction between the law 
and the fact must be carefully observed. By " the law " 
is meant all the rules and regulations which the court must 
follow in securing a jury, in admitting or excluding evidence, 
in instructing the jury, and in every other stage of the pro- 
ceeding; by " the fact " is meant all facts and happenings 
leading up to or in any way connected with the crime. 
In case the trial is held without a jury, the judge must, of 
course, determine the law and the fact ; but if it is by jury, 
the judge determines the law, and the jury the fact. No 
appeal as to matters of fact may be taken, but if it can be 
made to appear that the judge has erred in some point of 
law, an appeal may be taken. 3 An appeal from an inferior 
court is to the superior court, and from the superior court 
to the higher state courts. The court to which the case is 
appealed may affirm, modify, or reverse the judgment of 
the lower court. In case of a reversal, it may render such 
judgment as it sees fit, or may order a new trial. In case 

1 For impeachments before the senate, see § 213 ; for prosecutions in the su- 
perior court to remove from office, see § 69. 

2 Penal Code, § 1235 seq. 

3 For the points on which the defense may appeal, see § 1237 of the Penal Code; 
for the points on which the prosecution may appeal, see § 1238. 



THE INFERIOR COURTS 297 

the superior court orders a new trial, it conducts the trial 
itself ; but a new trial ordered by a higher court is con- 
ducted by the court that originally tried the case. Ap- 
pellate proceedings in a criminal case, like those in a civil 
suit, are based on the record sent up from the lower court, 
and consist mainly of an examination of the record and of 
the arguments of attorneys representing the defendant and 
the people. 

203. The State Courts. 1 — Our state system of courts 
includes the following : — 

1. The Senate as a Court of Impeachment. 

2. The Supreme Court. 

3. The District Courts of Appeal. 

4. The Superior Courts. 

5. The Inferior Courts. 

a. Township Courts. 

b. Municipal Courts. 

We shall consider these courts in their reverse order. 

204. The Inferior Courts. 2 — There are two kinds of 
inferior courts : township courts, presided over by justices 
of the peace, and municipal courts, presided over by police 
judges and " recorders." 

1. Township Courts. — Each county is divided into 
judicial townships by its board of supervisors, and each 
township has at least one justice of the peace. Any town- 
ship may have two justices, if the board of supervisors so 
determines. 3 Each justice of the peace is elected by his 
township at the county election for four years and receives, 
as his compensation, either a definite salary from the 

1 See article VI of the state constitution. 

2 Code of Civil Procedure, § 103 seq. 

3 Los Angeles township, however, has four justices of the peace, and San Francisco 
has five. San Francisco may be considered as a township. 



298 THE STATE JUDICIAL SYSTEM 

county treasury, determined by law, or certain fees which 
the law allows him to collect. 1 

2. Municipal Courts. — Municipal or police courts are 
established either by law or by city charters. Fifth and 
sixth class charters provide for them under the name of 
recorders' courts. Any freeholders' charter may provide 
for a police court and many of them do ; 2 but cities whose 
charters make no such provision have city justices' courts, 
as they are called, established by law. 3 In such cities, 
the justices of the peace, or police judges, are elected at 
the county elections for four years. 

3. The Jurisdiction of Inferior Courts. — The jurisdiction 
of a court has reference to the territory in which cases that 
may be tried by it originate, 4 and to the kinds of cases that 
it may try. The jurisdiction of our township and police 
courts is somewhat difficult to understand for two reasons : 
first, every person living in a city is subject to the juris- 
diction of a township court and also of a police court, for 
every city either constitutes a township, or is part of a 
township or possibly two ; 5 secondly, some police courts 
are established by city charters and some by state law, and 
city charters are not uniform as to the powers they confer 

1 After 1 914 all will receive definite salaries. See section 15, article VI of the 
constitution. 

2 As may be seen in Appendix D, the charter of San Francisco provides for four 
police judges, and every other charter, which establishes a police court, provides for 
one judge. In some cities they are elected and in others they are appointed. The 
term of office is either at the pleasure of the appointing power or for a definite time, 
usually two or four years. 

3 According to the law Los Angeles has five city justices of the peace ; Oakland 
has two ; and other cities, whose charters do not provide for police judges, have one 
each. 

4 The authority of a court to summon people before it and to issue other " process " 
extends throughout the state. 

6 Part of Oakland is in Oakland township, and part in Brooklyn township, and 
each of these townships contains additional territory. 



THE INFERIOR COURTS 299 

upon such courts, and even the law does not give to them 
the same powers in all cities. 1 Bearing these difficulties 
in mind, let us consider the jurisdiction of these courts, 
first in relation to that of the superior court, and second 
as to the differences between township and police courts. 

First, as to the relation between their jurisdiction and 
that of the superior court. The inferior courts have con- 
current jurisdiction with the superior court in two kinds 
of cases, as set forth in section 1 1 , article VI of the constitu- 
tion. They have no equity jurisdiction, but have exclu- 
sive jurisdiction in cases at law in which the amount of 
money claimed, or the value of the property involved, is 
less than $300. Such cases are often called petty civil 
suits. They have exclusive criminal jurisdiction over mis- 
demeanors that are " punishable by fine not exceeding 
$500, or imprisonment not exceeding six months, or by 
both such fine and imprisonment " ; except that in Los 
Angeles and Oakland, the police courts have jurisdiction 
over all misdemeanors, whatever their punishment may be. 

Second, as to the differences between the jurisdiction of 
the township and that of the police courts. Township 
courts always have the jurisdiction indicated in the pre- 
ceding paragraph in their respective townships outside 
of incorporated cities. 2 

1 The police courts in cities of the first and one half class, and in cities of the 
second class, have greater criminal and less civil jurisdiction than such courts in 
other cities. Los Angeles is the only city of the first and one half, and Oakland the 
only city of the second class. This in reality is special legislation in the form of 
general laws. 

2 The criminal jurisdiction of a township court extends throughout the county; 
that is, any case triable in such a court may be tried before any justice of the peace 
in that county. The ciyil jurisdiction of a township court is limited to the town- 
ship, except that its process extends throughout the county. That is, any petty 
civil suit must be tried in the township in which it arises, but any summons or writ 
issued by the court may be served or executed in any part of the county. 



300 THE STATE JUDICIAL SYSTEM 

Police courts always have jurisdiction over all misde- 
meanors arising within city limits, except those that must 
be tried by the superior court; and over all petty civil 
suits growing out of city charters and ordinances. 

Police courts have no jurisdiction outside of cities, but 
township courts have jurisdiction inside of cities as follows: — 

a. Always over petty civil suits (involving less than 
$300), growing out of the state law. They have this juris- 
diction concurrently with the police courts ; except in San 
Francisco, Los Angeles, Oakland, and a few other cities 
whose police courts have no jurisdiction over such cases. 1 

b. Over such misdemeanors growing out of the state 
law as are triable in inferior courts, except in San Francisco, 
Los Angeles, and Oakland, whose police courts have ex- 
clusive jurisdiction over such cases. The jurisdiction ex- 
cept in the three cities mentioned is concurrent with that 
of police courts. 

1 The charters of Long Beach, Pasadena, Watson ville, Santa Barbara, Eureka, 
and Sacramento give the police courts in these cities no jurisdiction over petty civil 
suits growing out of the state law. Such cases arising in these cities are therefore 
tried in the township courts. See Graham vs. Fresno, 151 Cal. 465; also Kahn vs. 
Sutro, 114 Cal. 316. In San Francisco the police court has no civil, and the justices' 
court, no criminal jurisdiction. In Los Angeles and Oakland the police courts are 
presided over by city justices of the peace. The police courts in these two cities 
have no civil jurisdiction over cases growing out of the state law, but the justices 
who preside over them may, as justices of the peace (not as police judges) exercise 
jurisdiction in such cases. These justices may thus act in two capacities. See 
People vs. Cobb, 133 Cal. 74. 

Other supreme court decisions that assist in understanding the relations between 
police and justices' courts are : — 

Ex Parte Sato, 88 Cal. 624; Roberts vs. Police Court, 148 Cal. 131; Ex Parte 
Dolan, 128 Cal. 460; Green vs. Superior Court, 78 Cal. 556; also In Re Johnson 
Decisions of the District Courts of Appeal, Vol. 6, p. 734. In the case of Ex Parte 
Dolan the supreme court decided that a city charter cannot confer upon the police 
court exclusive jurisdiction over misdemeanor cases. This may be done, however, 
by state law, as in the case of Los Angeles and Oakland. The law creating the 
justices' court in San Francisco confers upon it only civil jurisdiction {see Statutes 
of 1872, page 84), while the charter confers criminal jurisdiction on the police court. 



THE SUPERIOR COURTS 30 1 

All justices of the peace, recorders, and police judges, 
except the justices of the peace in San Francisco, have the 
powers, and are required to perform the duties, of magis- 
trates. 

205. The Superior Courts. 1 — There is a superior court 
in each county, presided over by at least one judge. If ad- 
ditional judges are needed in any county, the legislature 
provides for them by special act. 2 Each judge is elected 
by his county, at large, for six years. If a county has more 
than one judge, they are not all, or both, elected at the 
same time. Vacancies are rilled by the governor. Sal- 
aries of superior judges are determined for the respective 
counties by the legislature, and are paid half by the county 
and half by the state. 

The supervisors of every county must provide a court- 
room for each superior judge of the county, so that as many 
sessions of the court may be held at the same time as there 
are judges. 3 As the judges are state officers, a judge from 
any county may hold court in any other county " at the 
request of a judge of the superior court thereof, and upon 
the request of the governor, it shall be his duty to do so." 
Provision is also made for referring cases to judges pro 

1 See sections 6, 7, 8, article VI of the constitution. 

2 Los Angeles county has eighteen superior judges ; San Francisco, sixteen ; 
Alameda county, six; San Diego county, four; Santa Clara, Sacramento, San 
Joaquin, and Kern counties, three each ; Sonoma, Fresno, San Bernardino, Tulare, 
Humboldt, Shasta, Contra Costa, and Orange counties, two each ; and the remain- 
ing counties of the state, one each. 

3 The sheriff, or a deputy appointed by him, called a bailiff, must be present at 
every session of the court to preserve order, and to have charge of the jury during 
a jury trial. The sheriff must also, when directed to do so, serve writs and sum- 
monses issued by the court. The county clerk, or a deputy appointed by him, 
must act as clerk of each session of the court. The court appoints a court reporter 
for each judge to take reports in shorthand of proceedings before the court as directed 
by the judge. 



302 THE STATE JUDICIAL SYSTEM 

tempore. 1 A county is said to have only one superior court 
no matter how many judges it may have, and the decision 
of any judge is regarded as a decision of the court. San 
Francisco county and Los Angeles county have each a 
presiding judge who apportions the work of the court 
among the various judges. 2 In other counties having 
more than one judge, this is done by agreement among 
themselves. 

The jurisdiction of the superior court is both original 
and appellate? It is our great court of original jurisdiction. 
All equity cases ; all cases at law involving as much as 
$300 in money or property equal to that amount ; all cases 
at law involving the title or possession of real property, 
irrespective of its value, or the legality of any tax, or mu- 
nicipal fine, irrespective of the amount ; all probate cases, 
divorce cases, and certain other civil cases mentioned in 
the constitution ; " and all such special cases and proceed- 
ings as are not otherwise provided for," 4 must originate 
in the superior court. 5 

" Said courts and their judges shall have power to issue 
writs of mandamus, certiorari, prohibition, quo warranto, 
and habeas corpus." These are regarded as public writs; 

1 Any person, not a judge, selected to try a case, with as much power to decide it 
as a regularly elected superior judge, would be a judge pro tempore. He would 
be very different from a referee, as the latter is selected to investigate some fact 
concerning which the court wants information, and to report to the court. Judges 
pro tempore are almost unknown in actual practice. 

2 In San Francisco, the presiding judge is, according to the constitution, chosen 
by the remaining judges. In Los Angeles county, the judges, by agreement among 
themselves, serve as presiding judge in rotation. 

3 A court has original jurisdiction over all cases that it may try first.; and appel- 
late jurisdiction over cases that may be appealed to it after being tried in a lower 
court. A court of original jurisdiction is often referred to as a court of first instance. 

4 Section 5, article VI of the constitution. 

5 The two kinds of civil cases that may originate in either the superior or an in- 
ferior court are mentioned in section 11, article VI of the constitution. 



THE SUPERIOR COURTS 303 

that is, the matters with which they deal, " though they 
may be owned and controlled by private persons, are of 
such public interest that the people have a right to demand 
the proper use and management of them. ... In every 
case they proceed in the name of the people. In other 
words, they are civil suits by the people to protect matters 
of public interest." : 

A writ of mandamus, or mandate, is an order " to any inferior 
tribunal, corporation, board, or person, to compel the performance 
of an act which the law specifically enjoins as a duty resulting from 
an office, trust, or station." 2 " It is the only process to compel 
the payment of money by a public corporation." 3 

A writ of certiorari, or a writ of review, is an order to a lower court, 
or to any board or officer exercising judicial functions, directing that 
the records in some particular case be certified to the court issuing 
the writ, in order that it may determine whether the lower court, 
board, or officer has exceeded its or his authority in the proceedings 
in question. The court issuing the writ, after examining the record, 
and hearing the arguments of the interested parties, must either 
affirm, annul, or modify the proceedings. 

A writ of prohibition is an order directing some lower court, board, 
officer, or corporation to stop proceedings in some particular matter. 
The court issuing the writ does so only when it is convinced that the 
lower court, board, officer, or corporation is exercising authority not 
granted by law. The writ differs from an injunction in that its aim 
is to prevent an agency of the government from exceeding its legal 
authority ; while an injunction is to protect private rights. A writ 
of prohibition against a corporation is to prevent it from exceeding 
its authorized powers ; while a writ of injunction against it is to pre- 
vent it from infringing upon the private rights of individuals or of 
other corporations. 

Quo warranto is a proceeding " against any person who usurps, 
intrudes into, or unlawfully holds or exercises any public office, civil 

1 Andrews's American Law, page 1093. 

2 Code of Civil Procedure, § 1085. 

8 Andrews's American Law, page 1094. 



304 THE STATE JUDICIAL SYSTEM 

or military, or any franchise within this state." l Formerly the pro- 
ceeding was started by a writ directing the person or persons in ques- 
tion to appear before the court and explain by what authority such 
and such powers were being exercised ; but now the first step is the 
filing of an information in court by the attorney-general. "It is a 
great remedy by which corporations are kept from usurping power, 
and individuals restrained from assuming corporate or official powers." 2 
A writ of habeas corpus is an order directing the sheriff or any other 
person, having another in custody, to bring the prisoner before the 
court in order that the court may determine whether or not he is 
legally detained. The proceeding is not a criminal trial ; it is simply 
to test the legality of the imprisonment. It is most commonly re- 
sorted to by persons who have been charged with felony and com- 
mitted by a magistrate, and are held awaiting trial in a superior court. 
When the prisoner appears before the court, witnesses may be examined, 
and the case is gone into sufficiently to enable the judge to determine 
whether the detention is lawful. The action of the court may be to 
order the prisoner's release, to admit him to bail, or to order him 
detained until his case can be regularly tried. 

The criminal jurisdiction of the superior court includes 
all felony cases and misdemeanors not otherwise pro- 
vided for. This includes all the so-called " high " mis- 
demeanors, except those committed in Los Angeles and 
Oakland. 

The superior court acts as the agent of the United States 
government in naturalizing aliens. In performing this 
duty, it is controlled entirely by federal law. 

The appellate jurisdiction of the superior court includes 
all cases, civil and criminal, that may be tried in township 
and police courts. 

1 Code of Civil Procedure, § 803. 

2 Andrews's American Law, page 1094. 

Proceedings for the annulment of the Virginia charter in 1624 were begun by 
the issuing of a writ of quo warranto against the company by the court of King's 
Bench on the complaint of the attorney-general for the crown. 






COURT COMMISSIONERS 305 

206. Court Commissioners. — The superior court of 
every county in the state may appoint one court commis- 
sioner, except that of San Francisco, which may appoint 
six. Each commissioner serves during the pleasure of the 
appointing power and receives fees for his services. A 
court commissioner is an official assistant of the court in 
certain matters : — 

1. As previously stated, cases may be submitted to him 
as referee under conditions mentioned in the law. 

2. In case of the absence or inability to act on the part 
of the judge of the court, he may " hear and determine 
ex parte motions for orders and writs, except orders and 
writs of injunction." An ex parte motion is one based on 
evidence submitted by only one side in a controversy. 
On such a motion a temporary writ may be issued if the 
matter is shown to be urgent. 

3. During the progress of a trial he may be required to 
investigate any matter of fact not brought out in the plead- 
ings, concerning which the court desires information. He 
must conduct his investigations according to law and must 
report his findings to the court. 

4. He may be directed to examine any bond or under- 
taking that may be required of any person in any proceed- 
ing in the superior court, and to " examine the sureties x 
thereon when an exception has been taken to their suffi- 
ciency." The law confers upon him the powers of a notary 
public. 

1 The sureties are the persons who sign the bond or undertaking. Bonds or 
undertakings are required in many instances. Bail is a common example. Bonds 
sufficient to cover the costs of a trial may be required of the plaintiff at the begin- 
ning of the action ; or when a temporary injunction is applied for, the plaintiff may 
be required to furnish bonds in sufficient amount to cover any loss that the defend- 
ant may sustain because of the injunction if it is later found that the plaintiff 
is not entitled to it. Many other examples could be given. 
CIVIL GOV. IN CAL. 20 



306 THE STATE JUDICIAL SYSTEM 

207. The Grand Jury. 1 — A grand jury must be sum- 
moned by the superior court in each county at least once 
a year, and it may be summoned any number of times. 
Its members are selected in the following manner: In 
January a suitable number of persons are selected from 
different parts of the county, by the judge or judges of the 
court, to serve as grand jurors for the year. The number 
must be at least twenty-five, and may be fifty, seventy-five, 
one hundred, or more. The names are given to the county 
clerk, who writes them on separate pieces of paper, which 
he places in a small box known as the grand jury box. 
When the court decides to summon the grand jury, the 
clerk in the presence of the court draws from the box by 
lot from twenty-five to thirty names as the judge directs. 2 
These names are given to the sheriff, who summons the 
jurors to appear in court at a certain time. When they 
appear, those who are able to present good cause for not 
serving may be excused. If nineteen remain, they consti- 
tute the grand jury ; if less than that number, others are 
drawn from the box ; if more than nineteen, that number 
is selected by lot from those that remain. Provision is 
made whereby the district attorney, or any person accused 
of a crime triable by the superior court, may object to any 
juror and prevent his selection, if good cause is shown ; but 
this is seldom done. The persons selected are sworn in as 
grand jurors ; the judge appoints one of them to act as fore- 
man, and instructs them as to their duties. Their most 
important duties are as follows : — 

i. To inquire carefully into the official conduct of all 

1 Penal Code, § 894 seq. 

* In counties having more than one judge, one of them is selected to summon, 
select, instruct, and receive the final report of the grand jury. 






THE GRAND JURY 307 

county officers and boards, especially of those that handle 
public money. They must examine the books and records 
of every county office and institution, and may employ 
an expert accountant to assist them. They must report 
to the court as to " the facts they have found, with such 
recommendations as they may deem proper and fit." * If 
they discover that public money has been unlawfully spent, 
they must direct the district attorney to bring suit to 
recover it. If they discover that any officer is guilty of 
" willful or corrupt misconduct," not amounting to crime, 
they must direct the district attorney to institute pro- 
ceedings to remove him from office ; but if the miscon- 
duct amounts to a crime, they must rind an indict- 
ment against him. They must also investigate any charges 
that may be made against city, township, school district, 
or other public officers in the county, and if they dis- 
cover evidence of misconduct, they must act as they would 
in the case of a county officer. 

2. To investigate crimes that are committed in the county 
and that are triable in the superior court. Many such 
crimes are not investigated by the grand jury because they 
are prosecuted by information. Some, however, are brought 
before it by the district attorney ; and it may investigate 
any alleged crime on its own motion. If the investigation 
discovers sufficient guilt, it finds an indictment against 
the persons whom it considers guilty. The indictment is 
filed in court by the foreman and the accused is prosecuted 
before a trial jury. 

3. To inquire into the case of every person imprisoned 
in the county jail on a criminal charge and not indicted, 

1 The report consists of comments favorable or unfavorable as the case may be, 
and recommendations as to changes that should be made. 



308 THE STATE JUDICIAL SYSTEM 

and into the condition and management of the public 
prisons within the county. 

The meetings of the grand jury are held in secret. The district 
attorney is the only person not a member who may be present, except 
in answer to a summons or a request from the grand jury. When a 
crime is being investigated, the accused may or may not be permitted 
to introduce testimony in his behalf. Twelve members must concur 
in arriving at any conclusion. The grand jury may meet every day, 
or possibly only once or twice a week, and the time required to do its 
work may be several weeks, or several months. 

208. Trial Juries. 1 — In January of each year, the 
superior court of each county decides upon the number of 
trial jurors that will be required during the year. In coun- 
ties having a population amounting to one hundred thou- 
sand, the superior court selects the jurors ; in other counties 
they are selected by boards of supervisors. The names 
are given to the county clerk, who places them, on separate 
pieces of paper, in the trial jury box. In the more populous 
counties, the jurors are divided into groups called panels, 
each panel serving for a certain definite time. 2 The names 
forming each panel are drawn from the box by the clerk 
in the presence of the court, and are usually placed in 
another box. ^This is done at the beginning of the period 
for which the panel is to serve. When a jury is needed, 
the clerk in the presence of the court draws from the trial 
jury box, or the panel box, as many names as the judge 
directs. These are given to the sheriff, who notifies the 
persons when to appear in court. When they appear, they 

1 Penal Code, §1055 seq. 

2 In San Francisco 1200 jurors are selected, and in Los Angeles county about 2500. 
In both places names are drawn from the box in panels of thirty, forty, or more, as 
they are needed. In Alameda county 400 are selected, and a panel of 100 names is 
drawn every three months beginning in January. These 100 are liable for jury 
service any time during the three months. 






MISCELLANEOUS POINTS RESPECTING JURIES 309 



are questioned one by one by the attorneys for each side, 
in order to determine whether they can try the case " well 
and truly " and without prejudice. Some are excused, 
some accepted, the process continuing until the jury is 
made up. The number must be twelve in all felony cases ; 
but in misdemeanor cases and in civil actions it may be a 
smaller number. 1 

If the jury cannot be secured from the first group summoned, an- 
other drawing from the box is ordered, and this may be repeated until 
all the names are exhausted. If the jury is still incomplete, the sheriff 
is directed to summon other persons from the citizenship of the county. 
The order issued by the judge directing that men be summoned for 
jury service is technically called a venire, but the word is commonly 
used as a collective noun to designate the men summoned. When a 
jury is required in an inferior court, citizens are summoned, in a less 
formal manner, from the township or city as the case may be, by the 
constable or the court bailiff. 

209. Miscellaneous Points respecting Juries. — Grand 
and trial jurors in the superior court receive each two or 
three dollars a day ; but jurors in inferior courts, and mem- 
bers of coroners' juries, serve without pay. A coroners' 
jury, consisting of twelve or a smaller number, is usually 
made up from men who happen to be in the immediate 
neighborhood. 

Any man 2 may serve on a grand or trial jury who is 
an American citizen, twenty-one years of age, and a tax- 
payer ; who has lived in the state one year and in the 
county ninety days ; who understands English, and is pos- 
sessed of natural faculties; who is ordinarily intelligent, 

1 See section 7, article I of the constitution. 

2 When women were granted the ballot in California it was at first assumed by 
many that this rendered them liable to jury service, but the attorney-general of the 
state ruled otherwise. Before they could serve as jurors a change in the law (not 
in the constitution) would be necessary. 



310 THE STATE JUDICIAL SYSTEM 

and not decrepit. Persons convicted of crime are debarred, 
and no one may act as a grand juror and also as a trial 
juror in the same case. Certain persons are exempt from 
jury service, as, for example, public officers, ministers, 
teachers, physicians, druggists, sailors, mail carriers, ex- 
press agents, railroad employees, telegraph and telephone 
operators, and a few others. 

210. The Juvenile Court. 1 — Until 1903 the state re- 
form schools were the only special institutions in California 
supported at public expense for the care of children who 
committed crimes, or who could not be controlled by their 
parents. Children were sent to the reform schools or were 
confined in jails and the state prisons, who would have had 
a better chance to develop into good citizens if they could 
have remained free under proper supervision. As the law 
did not provide for this supervision, the welfare of society 
demanded that such children be confined, although it was 
evident to many people that many of them, instead of being 
reformed, became hardened criminals through such treat- 
ment. The legislature of 1903 enacted a law which was 
intended to provide for more intelligent and humane treat- 
ment of such children. The principles upon which this 
law was based may be stated as follows : (a) that children 
who break the law or defy constituted authority, because 
of the fact that their characters are not formed, should be 
treated differently from adults who act in the same manner ; 
(b) that reform, rather than punishment, should be the aim 
of the state in dealing with such children ; and (c) that in 
most cases they can be reformed more effectively by permit- 
ting them to remain natural members of society under the 
supervision of public officers who are responsible for their 

1 Statutes of 191 1, page 658 seq. 






THE JUVENILE COURT 311 

conduct, than by depriving them of their liberty. The law 
of 1903 has been amended by every subsequent regular 
session of the legislature, but it is still based on these prin- 
ciples. The provisions of the law as amended in 19 13 will 
be briefly summed up. 

The law applies to persons under the age of twenty-one 
years who are either " dependent " or " delinquent." 
Such a person is declared to be dependent who is found 
begging, or homeless, or destitute ; whose parents or guard- 
ians are unfit to have control over him ; who frequents 
the company of criminals or dissolute persons ; who drinks, 
" habitually smokes cigarettes," frequents saloons or pool 
rooms, plays truant, or disobeys his parents or guardian ; 
or " who for any cause is in danger of growing up to lead 
an idle, dissolute, or immoral life." A person under twenty- 
one is declared to be delinquent who is guilty of any act 
which if committed by an adult would be a crime. 

To deal with dependent and delinquent children, the 
law provides for juvenile courts, probation committees, 
probation officers, and detention homes. There is a juve- 
nile court in each county, presided over by a judge of the 
superior court. In every county having more than one 
superior judge, they select one of their number to perform 
this duty, 1 except that in San Francisco the selection is 
made by the presiding judge. Every county has a proba- 
tion committee consisting of seven men and women, ap- 
pointed by the judge of the juvenile court to serve four 
years without pay. Every county also has a probation 
officer, who is nominated by the probation committee and 

1 This is required by law, but is in harmony with long-established practice in our 
superior courts of more than one judge; for they always apportion their regular 
work among themselves, one judge taking probate cases, one divorce cases, one 
criminal cases, etc. 



312 THE STATE JUDICIAL SYSTEM 






appointed by the judge of the juvenile court. Certain 
counties have assistant probation officers, appointed in 
the same manner as probation officers. 1 Probation officers 
and assistants receive salaries and give their entire time 
to their official duties. Their term of office is two years. 
The probation officer of each county may, with the approval 
of the judge of the juvenile court, appoint as many deputy 
probation officers to serve without pay as may be required. 
The supervisors of every county are required to provide a 
detention home for dependent and delinquent boys and 
girls. The superintendent, matron, and other employees 
of this institution must be nominated by the probation 
committee, approved by the judge of the juvenile court, 
and appointed by the supervisors. It must have no con- 
nection with the county jail, " and must be conducted in 
all respects as nearly like a home as possible, and shall not 
be deemed to be or treated as a penal institution." 

Cases of dependent children come before the juvenile 
court on complaint of parents, guardians, persons engaged 
in charity work, or other interested parties. When the case 
is presented, the court orders the child and his parents or 
guardian to appear in court so that the facts may be as- 
certained. If he has no parent or guardian, the court 
appoints some person to act in his behalf. The proceedings 
are quite informal. If the judge, after he is in possession 
of the facts, decides that the child is dependent within the 
meaning of the law, he may commit him to the care of 
some person or society willing to assume the responsibility ; 
may permit him to return to his home under the super- 

1 Los Angeles county has twenty-five assistants ; San Francisco, ten, but the 
number may be altered by the supervisors; Alameda county, eight; and other 
counties have three, two, one, or none, according to law. 



THE JUVENILE COURT 313 

vision of the probation officer ; may commit him to the 
detention home, or to one of the reform schools ; or make 
any other disposition of the case that may seem advisable. 
It is the duty of the probation committee to inquire into 
the condition of any institution that offers to become 
responsible for such children, and to report the facts to 
the juvenile court. 

Cases of delinquent children may come before the court 
and be disposed of in the same manner as cases of dependent 
children ; but such cases may also come through the medium 
of the inferior courts. When any person charged with 
crime is brought before an inferior court and " it shall be 
suggested to the judge, justice, or recorder before whom the 
person is brought, that the person charged is under eighteen 
years," the court may investigate the age of the accused, 
and, if he is found to be under eighteen, the case must be 
turned over to the juvenile court. Here, the matter is 
investigated by the judge, without a jury ; and if the ac- 
cused is found to be delinquent, that is, guilty, the judge 
may send him to a reform school or to a detention home, or 
may commit him to the custody of the probation officer, 
or to the care of any society or corporation that is willing 
to assume the responsibility. Such a person remains under 
the jurisdiction of the court until he or she is twenty-one 
years of age, and the court may modify the original sentence 
at any time. If the crime committed amounts to a felony, 
and if the accused has been treated as a delinquent and 
proves to be incorrigible or incapable of reformation, the 
judge of the juvenile court, sitting as a committing magis- 
trate, may order the case tried by a jury in the superior 
court ; and if found guilty, the accused will then be treated 
as a criminal, that is, he will be sent to the penitentiary. 



314 THE STATE JUDICIAL SYSTEM 

If a person between the ages of eighteen and twenty-one 
is accused of felony, the case takes the usual course until 
it reaches the superior court. Here, unless the charge is 
murder, the case may be turned over to the juvenile court 
and treated as a delinquency, or it may be tried in the 
superior court as a crime. 1 

The juvenile court has power to try, and, upon convic- 
tion, to punish by fine or imprisonment, any parent, guard- 
ian, or other person who, " by any act or omission," con- 
tributes to, or encourages, the dependency or delinquency 
of any child. 

The probation officer and his assistants and deputies 
constitute an important part of this machinery for the care 
of juvenile offenders. It is their duty to keep track of 
all dependent and delinquent children who are placed on 
probation instead of being deprived of their liberty. 
Whether such children improve in character during their 
probationary period depends in large measure upon the 
earnestness and efficiency of these officers. 

211. County Law Libraries. 2 — At the beginning of 
any civil suit in the superior court, either as an original pro- 
ceeding or on appeal from a lower court, the party who begins 
the action must pay to the clerk of the court a special fee 
of one dollar for the benefit of the county law library. 
Such a library is maintained at every county seat for the 
use of judges, lawyers, and the general public. It is under 
the control of a board of five trustees, consisting of the 
chairman of the board of supervisors; one, two, or three 

1 One should distinguish between the juvenile court and the superior court. The 
same judge presides over both, but they are different courts. The juvenile court con- 
siders only the cases of dependents and delinquents, and disposes of such cases as the 
judge sees fit, no jury trials being held in this court. 

2 Political Code, § 4190 seq. 



THE HIGHER STATE COURTS 315 

superior judges ; * and one, two, or three attorneys appointed 
by the supervisors, the number depending upon the number 
of judges on the board. The trustees appoint a librarian and 
other necessary help, purchase suitable books and periodi- 
cals, and establish rules for the management of the library. 

212. The Higher State Courts. — 1. The District Courts 
of Appeal. — The state is divided into three appellate 
court districts, 2 and a court consisting of three justices is 
provided for each district. One of these courts is located 
in San Francisco, one in Los Angeles, and one in Sacramento, 
these three cities being in different districts. The justices 
of each court are elected, each for a term of twelve years, 
by the voters of the district, one of the three being chosen 
at every general state election. Each justice receives a 
salary of $7000 a year. Vacancies are filled by the gov- 
ernor until the next election. One of the justices in each 
district is the presiding justice. 3 Each court appoints a 
clerk, a deputy clerk, a bailiff, and other necessary attend- 
ants as provided by law. 

Although each court is open at all times for the filing of 
papers and for the transaction of business at chambers, 4 
only four regular sessions for the submission of new cases 
on appeal are held each year. 5 Every such session lasts 
four or five days, and only those cases may be submitted 
that have been previously placed on the calendar. 6 In addi- 

i 

1 If a county has one, two, or three judges, each one is a member of the board. 
If there are more than three, they select three of their number to serve as members. 

2 See section 4, article VI of the constitution. 

3 He is elected as the presiding justice by the people. 

4 Business that any judge is authorized to transact at other times than at formal 
sessions of the court, such as to issue writs of habeas corpus. 

6 In January, April, August, and November. 

6 Cases are submitted by attorneys employed by interested parties, or by district 
attorneys. The submission of a case means the presentation of the record from the 



316 THE STATE JUDICIAL SYSTEM 

tion, the court convenes on the fourth Monday of each 
month to consider applications for such writs as it is author- 
ized to issue, and to hear any motions that litigants may 
wish to make relative to cases that have been submitted 
at regular sessions. 1 All three judges must be present at 
every session. The balance of their time is occupied in 
considering cases that have been submitted and in writing 
decisions. 

After a case has been submitted, the presiding justice 
either takes it under consideration and writes his opinion 
upon it, or assigns it for that purpose to one of the other 
justices. Such an opinion when signed by all three justices 
becomes the decision of the court. Any decision of a dis- 
trict court of appeal is final, as far as that court is concerned, 
in thirty days ; but during the next period of thirty days 
the supreme court may consent to review it. This action 
on the part of the supreme court suspends the decision; 
but the supreme court may later confirm it, or may modify 
or reverse it. If the supreme court does not consent to 
review an appellate court decision between the thirty- 
first and sixtieth day inclusive after it is rendered, it is as 
if it had been rendered by the supreme court. The su- 
preme court may take a case out of the hands of any dis- 
trict court of appeal before a decision is rendered and may 
hear the case itself, or may transfer it to another district 
court of appeal. 

2. The Supreme Court. — The state supreme court con- 
sists of one chief justice and six associate justices, elected 
by the state at large, each for a term of twelve years. Two 

lower court, together with the written arguments, or "briefs," of attorneys, accom- 
panied by such oral arguments as they are able to present in the time granted by 
the court. 

1 The fourth Monday of each month is called the "regular motion day." 



THE HIGHER STATE COURTS 317 

associate justices are elected at every gubernatorial elec- 
tion, and a chief justice will be elected in 19 14. Each 
justice receives a salary of $8000 a year. Vacancies are 
filled by the governor until the next election. The court 
appoints a clerk, a chief deputy clerk, six deputy clerks, 
two secretaries, two bailiffs, a librarian for the supreme court 
library, a reporter and an assistant reporter of the decisions 
of the supreme court and of the district courts of appeal, 
and other necessary attendants as provided by law. 

The court holds regular sessions in San Francisco begin- 
ning on the second Monday in January and on the third 
Monday in July; in Los Angeles beginning on the first 
Monday in April and on the second Monday in October; 
and in Sacramento beginning on the first Monday in May 
and on the second Monday in November. At these sessions 
cases on appeal from the superior courts are submitted, as 
well as cases that have been decided in district courts of 
appeal and are to be reviewed by the supreme court. 1 
Special sessions are held at the same places from time to 
time to hear applications for writs and to consider mo- 
tions affecting cases that have been submitted at regular 
sessions. A regular session usually lasts four or five days ; 
and a special session, one or two. Except when holding 
sessions in Los Angeles and Sacramento, the justices spend 
most of their time in San Francisco, considering cases that 
have been submitted and writing decisions. 

When in session, the court may sit in bank or in depart- 
ments. Each department consists of three associate jus- 

1 The state is divided into supreme court districts known as the San Francisco, 
Los Angeles, and Sacramento districts. A case from a superior court may be sub- 
mitted to the supreme court only when the latter is sitting in the same district ; 
but a case from any district court of appeal may be submitted at any session of the 
supreme court. 



318 THE STATE JUDICIAL SYSTEM 

tices designated by the chief justice, one of whom is chosen 
by the other two to act as presiding justice. The chief 
justice presides over the court in bank, and over either de- 
partment when he is present, 1 and apportions the work to 
the departments and to the court in bank. After a case 
has been assigned to a department, he, or any four justices, 
may transfer it to the court in bank before a decision has 
been reached. 

The supreme court arrives at its decisions in the same 
manner as the district courts of appeal ; that is, after a case 
is submitted at any session, it is assigned to one of the jus- 
tices, who considers it between sessions and writes his opin- 
ion upon it. 2 The opinion is then passed to the other two 
justices, if the case is a " department case," or to all the 
remaining justices, if it is a " bank case." Three must 
concur in a department decision, and four in a decision of 
the court in bank. A decision of the court in bank 
becomes final in thirty days after it is rendered. 3 
A decision of a department becomes final at once 
if approved by the chief justice and two associates ; 4 
otherwise it becomes final in thirty days, if, during that 
time, the case is not ordered to be submitted to the court 
in bank at a subsequent session. This may be done by 

1 This practically never occurs except when one of the associate justices is absent. 

2 This is usually done in San Francisco. 

3 This is a provision of law, not of the constitution. During the thirty days the 
court may reconsider the case if it so desires. No case may be appealed from the 
state to the national supreme court unless the question at issue involves the national 
Constitution, a national law, or a treaty. 

4 This makes it possible for a department decision to become final sooner than a 
bank decision, for the latter cannot become final until thirty days after it is ren- 
dered. (Code of Civil Procedure, § 45.) This is clearly an anomalous situa- 
tion, but no confusion arises from it for the reason that the chief justice almost 
never signs a department decision. He has done so only two or three times in ten 
years. 



THE HIGHER STATE COURTS 319 

the chief justice and two associates, or by four associates, 
and such an order sets aside the department decision. 

3. The Jurisdiction of the Higher Courts. — The jurisdic- 
tion of the supreme court and of the district courts of appeal 
is stated technically in the constitution. 1 It may be in- 
dicated in simple form as follows : — 

a. Appellate. — The most important duty of these 
courts is to decide cases that are appealed from the superior 
courts, and by far the greater part of their time is devoted 
to this work. The constitution mentions certain kinds of 
cases which, if appealed at all from the superior courts, 
must go to the supreme court. The most important are : 
cases in equity, cases at law involving the title to real estate, 
or involving any claim or property equal in value to $2000, 
probate cases, and questions of law alone in capital criminal 
cases. Other cases, when appealed, must go to the dis- 
trict courts of appeal. The supreme court may transfer 
any case that has been appealed to it to one of the dis- 
trict courts of appeal ; and, as previously stated, it may 
take any case out of the hands of any of the appellate 
courts before a decision is reached. It is, therefore, pos- 
sible for any case to be decided on appeal by any of 
the higher courts. Since any decision rendered by a dis- 
trict court of appeal may be reviewed by the supreme 
court, the decisions of all these courts are likely to be har- 
monious and consistent. 

b. Original. — The only original jurisdiction possessed 
by the supreme court and the district courts of appeal is their 
power to issue writs of mandamus, certiorari, prohibition, 
and habeas corpus. To issue one of these writs is an exer- 

1 Section 4, article VI. 



320 THE STATE JUDICIAL SYSTEM 

cise of original jurisdiction because the application for the 
writ is made directly to the higher court, and does not come 
up on appeal from the superior court. When considering 
such applications, these courts occasionally summon wit- 
nesses before them, — a thing which they never do when 
hearing cases on appeal, as all necessary facts are then as- 
certained from the records sent up from the superior courts. 

213. The Senate as a Court of Impeachment. — The 
senate sits as a court of impeachment only on those rare 
occasions when the assembly decides to impeach some officer 
whom the constitution declares to be subject to impeach- 
ment. 1 When sitting in this capacity, the forty members 
are to be regarded as constituting a court of forty judges, 
and not the senate of the state. Their oath of office as 
senators is not sufficient to cover this duty, and thus they 
are required to take a special oath when assuming the char- 
acter of judges of this high court. The concurrence of 
two thirds of the forty is necessary for a conviction. 2 

This court has no jurisdiction except in these special 
cases of impeachment, and a conviction extends only to 
" removal from office and disqualification to hold any office 
of honor, trust, or profit under the state" ; but within this 

1 See sections 17 and 18 of article IV. 

2 In 1857 Henry Bates, state treasurer, was impeached and convicted, but re- 
signed before the trial was concluded. In the same year George W. Whitman, 
state controller, was impeached, but was acquitted. In 1862 James W. Hardy, one 
of the district judges of the state, was impeached, convicted, and removed from office. 
See Hittell's History of California, Vol. IV, pages 199, 300, 431. 

These are the only cases of impeachment that have arisen in California, although 
on several occasions the assembly has considered charges against- certain judges 
without taking action. This method of removing men from office served a useful 
purpose in England long ago in rendering the king's ministers responsible to the 
representatives of the people ; but it is of almost no practical value in our country. 
A state legislature is a political body, and has neither the time nor the temperament to 
exercise judicial functions properly. 



MISCELLANEOUS MATTERS 32 1 

limited range, its power is absolute, as there is no appeal 
from its decision. Even the governor, in the exercise of his 
pardoning power, cannot set aside or modify such a decision. 1 
214. Miscellaneous Matters. — Judges of the supreme 
court, district courts of appeal, and superior courts may be 
removed in three ways: by impeachment, by a concurrent 
resolution of both houses of the legislature adopted in each 
house by a two-thirds vote, and by the people through the 
recall. Judges of the inferior courts may be removed by 
the people, or by the superior court if convicted of " will- 
ful or corrupt misconduct " in office. 

The supreme court, district courts of appeal, and superior courts 
are called " courts of record." Until within comparatively recent 
times, inferior courts did not keep complete records of their proceed- 
ings, and were said to be courts " not of record." They are still so 
classed, although they now keep complete records. This classifica- 
tion is thus of little practical importance and would not be referred 
to here except for the fact that it is mentioned in the constitution. 

The records of a court are public records. They consist of a court 
docket in which is entered the title of each case, the date of its com- 
mencement, a statement of every subsequent proceeding, and of all 
fees charged ; a complete statement, or a synopsis, of every order, 
judgment, or decree of the court ; and a complete set of indexes. 

The written decisions of the supreme court and of the district 
courts of appeal are compiled by the official reporter appointed for 
the purpose, and are printed under his supervision. With the ap- 
proval of the secretary of state and the attorney-general, he awards 
the contract for the printing to the firm which agrees to print the 
decisions according to specifications and sell the bound volumes at 
the lowest price, — not exceeding four dollars per volume. Three 
hundred copies of each volume are purchased by the secretary of 
state to be distributed to certain officers and libraries as prescribed by 
law. There were, in October, 1913, 164 volumes of supreme court 
decisions running back to 1850 ; and 19 volumes of the decisions of 
1 See article VII of the constitution. 

CIVIL GOV. IN CAL. 21 



322 THE STATE JUDICIAL SYSTEM 

the district courts of appeal, running back to 1905, the date of the 
organization of these courts. Each volume contains something more 
than 700 pages. Many references are made to these volumes in this 
book. (For example see page 300.) 

Any person wishing to practice law before the courts of 
this state must first obtain a certificate from one of the 
district courts of appeal. Such certificates are granted on 
the presentation of similar certificates from other states, 
and on examination. 

The power of the courts is so extensive that our liber- 
ties would be endangered if they acted in an arbitrary 
manner. It is therefore essential that they act at all 
times according to established laws, rules, and customs, 
rather than according to the opinions and impulses of in- 
dividual judges. The judges realize this to a greater ex- 
tent than their fellow citizens, and it has sometimes seemed 
as if they were more concerned about the observance of 
technical rules of procedure than the rendering of justice. 
This has been especially true in criminal proceedings, be- 
cause the courts feel that they should be unusually guarded 
and temperate when they have in their keeping the lives 
and liberties of men. They have therefore permitted a 
good many criminals to escape punishment on mere techni- 
cal points of law. For this reason the voters of California 
at the special election in 191 1 adopted an amendment to 
the constitution which is intended to prevent such mis- 
carriages of justice. (See section 4 J, article VI.) 

The power of the courts to declare laws and local ordi- 
nances null and void when they are shown to be inconsistent 
with any part of the national or state constitution is well 
established. This makes the courts the guardians of the 
people's will, as expressed in their fundamental laws, against 



QUESTIONS 323 

any governmental agency which knowingly or inadvert- 
ently attempts to put any contrary principle into opera- 
tion. This is their highest function and constitutes the 
greatest element of their power. 



Questions 

1. What is the purpose of the courts? 

2. If " A " steals from "B," why are " the people " injured? 

3. What function has a jury in a civil suit ? How many persons 
constitute such a jury ? How many must concur in the verdict ? 

4. What is a crime ? Is all lawbreaking crime ? 

5. What is bail? Why is it granted ? When is it not granted ? 

6. When is a person said to be prosecuted by indictment? By 
information ? What is the difference ? 

7. What are the advantages of secret sessions of the grand jury? 

8. How are grand and trial juries impaneled? What is a tales- 
man? A juror? 

9. What is meant by the process of a court ? 

1 o. What two kinds of misdemeanors are mentioned in this chapter? 
What is a felony ? 

11. What is meant by the jurisdiction of a court ? 

12. Upon what theory is the juvenile court founded? 

13. In what sense is the senate as a court of impeachment our 
highest state court? 

14. Under what conditions may a case be appealed from the state 
supreme court to the national supreme court? 



CHAPTER XVI 
THE CONSTITUTION OF CALIFORNIA 

215. The Making of the Constitution. — Our present 
constitution was adopted in 1879. Dissatisfaction with 
the constitution of 1849 was due, in large measure, to the 
hard times that prevailed after the financial panic of 
1873. Many people believed that they were due to ex- 
tortion on the part of the railroads and to the presence of 
large numbers of Chinese laborers in California. The de- 
mand for the regulation of the railroads became very in- 
sistent, especially in the rural districts, where the grangers 
had a powerful organization. The sentiment against the 
Chinese was strongest in the cities, where large numbers of 
men were unemployed. The old constitution had been 
adopted before either of these problems arose, and all dis- 
contented elements, believing that they could be solved 
only by changing the fundamental law, united in demanding 
a new constitution. The legislature of 1876, by the neces- 
sary two-thirds vote, decided to submit to the voters the 
proposition of calling a constitutional convention. The 
proposition was approved by a small majority of the voters, 
and the legislature of 1878 passed an act providing for the 
convention. 

Times became even harder between 1876 and 1878, and 
the discontent increased. In 1877 the Workingman's 
Party was formed in San Francisco, and soon spread to 
other cities. This new party elected 51 of the 152 delegates 

3 2 4 



CONTEXTS OF THE CONSTITUTION 325 

to the constitutional convention. 1 Of the remaining dele- 
gates 78 were elected on a nonpartisan ticket, 11 were 
Republicans, 10 were Democrats, and 2 were Independ- 
ents. 2 The representatives of the Workingman's Party 
formed the most radical element in the convention. Many 
of the members from the country districts, who represented 
the views of the grangers, acted in harmony with this ele- 
ment on many questions ; and thus the conservatives and 
the radicals were about evenly divided. But the conserv- 
atives controlled the convention throughout because of 
the fact that practically all the members of ability and 
legal training were found in their ranks. Thus the con- 
stitution as drawn up by the convention was in the main 
conservative, although the influence of the radical element 
can easily be seen. 

The convention was in session from September 28, 
1878, to March 3, 1879. The constitution was ratified by 
the voters of the state May 7, 1879, and went into effect 
January 1, 1880. It is given in the following pages as 
amended to date (19 13). 

216. Contents of the Constitution. — The constitution 
contains twenty- three articles, as follows : 

Article I. Declaration of Rights. (Page 327.) 

Article II. Right of Suffrage. (Page 332.) 

Article III. Distribution of Powers. (Page 334.) 

Article IV. Legislative Department. (Page 334.) 

Article V. Executive Department. (Page 350.) 

Article VI. Judicial Department. (Page 354.) 

1 The election was held June 19, 1879. Of the 152 delegates elected, two died 
before the convention met, one resigned, and four did not attend. The convention 
thus consisted of 145 delegates. 

2 Hittell's History of California, Vol. IV, pages 613-640. 



326 THE CONSTITUTION OF CALIFORNIA 

Pardoning Power. (Page 364.) 

Militia. (Page 365.) 

Education. (Page 365.) 

State Institutions and Public Buildings. 

(Page 369.) 
Counties, Cities, and Towns. (Page 370.) 
Corporations. (Page 387.) 
Revenue and Taxation. (Page 395.) 
Water and Water Rights. (Page 403.) 
Harbor Frontages. (Page 403.) 
State Indebtedness. (Page 404.) 
Land, and Homestead Exemption. (Page 

405-) 
Amending and Revising the Constitution. 

(Page 405.) 
Chinese. (Page 406.) 
Miscellaneous Subjects. (Page 408.) 
Boundary. (Page 411.) 
Schedule. (Page 412.) 
Recall of Public Officials. (Page 415.) 



Article 


VII. 


Article 


VIII. 


Article 


IX. 


Article 


X. 


Article 


XL 


Article 


XII. 


Article 


XIII. 


Article 


XIV. 


Article 


XV. 


Article 


XVI. 


Article 


XVII. 


Article XVIII. 


Article 


XIX. 


Article 


XX. 


Article 


XXL 


Article 


XXII. 


Article XXIII. 



CONSTITUTION OF THE STATE OF CALIFORNIA 1 

PREAMBLE AND DECLARATION OF RIGHTS 

PREAMBLE 

Purpose of the constitution. 

We, the people of the State of California, grateful to Almighty God for 
our freedom, in order to secure and perpetuate its blessings, do establish 
this Constitution. 

ARTICLE I 
DECLARATION OF RIGHTS 

Inalienable rights of men. 

Section i. All men are by nature free and independent, and have certain 
inalienable rights, among which are those of enjoying and defending life and 
liberty ; acquiring, possessing, and protecting property ; and pursuing and 
obtaining safety and happiness. 
Government for and by the people. 

Sec. 2. All political power is inherent 2 in the people. Government is 
instituted for the protection, security and benefit of the people, and they 
have the right to alter or reform the same whenever the public good may re- 
quire it. 
California a part of the Union. 

Sec. 3. The State of California is an inseparable part of the American 
Union, and the Constitution of the United States is the supreme law of the 
land. 
Freedom of religion. 

Sec. 4. The free exercise and enjoyment of religious profession and wor- 
ship, without discrimination or preference, shall forever be guaranteed in 

1 The text of the Constitution here given is taken from the edition compiled by 
F. C. Jordan, Secretary of State, and published by F. W. Richardson, Superintend- 
ent of State Printing, 191 2. 

2 Inherent power is power that exists by natural right. Such power is possessed 
by the people of a state. The powers possessed by any public corporation in a state 
are granted powers, and may legally be taken away. 

327 



328 THE CONSTITUTION OF CALIFORNIA 

this State ; and no person shall be rendered incompetent to be a witness or 
juror on account of his opinions on matters of religious belief; but the 
liberty of conscience hereby secured shall not be so construed as to excuse 
acts of licentiousness, or justify practices inconsistent with the peace or 
safety of this State. 

Habeas corpus. 

Sec. 5. The privilege of the writ of habeas corpus shall not be suspended 
unless when, in cases of rebellion or invasion, the public safety may require 
its suspension. (§ 205.) 

Bail — Witnesses. 

Sec. 6. All persons shall be bailable by sufficient sureties, unless for 
capital offenses when the proof is evident or the presumption great. Ex- 
cessive bail shall not be required, nor excessive fines imposed; nor shall 
cruel or unusual punishments be inflicted. Witnesses shall not be unreason- 
ably detained, nor confined in any room where criminals are actually im- 
prisoned. (§ 201, 2 a.) 

Jury trial. 

Sec. 7. The right of trial by jury shall be secured to all, and remain 
inviolate ; but in civil actions three fourths of the jury may render a verdict. 
A trial by jury may be waived in all criminal cases, not amounting to felony, 
by the consent of both parties, expressed in open court, and in civil actions by 
the consent of the parties, signified in such manner as may be prescribed by 
law. In civil actions, and cases of misdemeanor, the jury may consist of 
twelve, or of any number less than twelve upon which the parties may agree 
in open court. (§ 198, 3 ; § 201, 4.) 

Indictments — Information — Grand jury. 

Sec. 8. Offenses heretofore required to be prosecuted by indictment 
shall be prosecuted by information, after examination and commitment by 
a magistrate, or by indictment, with or without such examination and com- 
mitment, as may be prescribed by law. A grand jury shall be drawn and 
summoned at least once a year in each county. (§ 201, 2 b.) 

Freedom of speech — Libel suits. 

Sec. 9. Every citizen may freely speak, write, and publish his sentiments 
on all subjects, being responsible for the abuse of that right; and no law 
shall be passed to restrain or abridge the liberty of speech or of the press. 
In all criminal prosecutions for libels, the truth may be given in evidence 
to the jury ; and if it shall appear to the jury that the matter charged as 
libelous is true, and was published with good motives and for justifiable 
ends, the party shall be acquitted ; and the jury shall have the right to de- 
termine the law and the fact. Indictments found, or information laid, for 



ARTICLE I, SECTIONS 9-14 329 

publications in newspapers shall be tried in the county where such news- 
papers have their publication office, or in the county where the party alleged 
to be libeled resided at the time of the alleged publication, unless the place 
of trial shall be changed for good cause. 

Freedom of assembling and petitioning. 

Sec. 10. The people shall have the right to freely assemble together to 
consult for the common good, to instruct their representatives and to peti- 
tion the Legislature for redress of grievances. 1 

Laws to be uniform. 

Sec. 11. All laws of a general nature shall have a uniform operation. 

Military subordinate to civil power. 

Sec. 12. The military shall be subordinate to the civil power. No 
standing army shall be kept up by this State in time of peace, 2 and'no soldier 
shall, in time of peace, be quartered in any house without the consent of the 
owner ; nor in time of war, except in the manner prescribed by law. 

Criminal trials — Rights of the accused. 

Sec. 13. In criminal prosecutions, in any court whatever, the party 
accused shall have the right to a speedy and public trial ; to have the process 
of the court to compel the attendance of witnesses in his behalf, and to appear 
and defend, in person and with counsel. No person shall be twice put in 
jeopardy for the same offense ; 3 nor be compelled, in any criminal case, to be 
a witness against himself ; nor be deprived of life, liberty, or property, with- 
out due process of law. The Legislature shall have power to provide for 
the taking, in the presence of the party accused and his counsel, of deposi- 
tions of witnesses in criminal cases, other than cases of homicide, when there 
is reason to believe that the witness, from inability or other cause, will not 
attend at the trial. 

Rights of private property. 

Sec. 14. Private property shall not be taken or damaged for public use 
without just compensation having first been made to, or paid into court for, 
the owner, and no right of way shall be appropriated to the use of any cor- 
poration other than municipal until full compensation therefor be first made 
in money or ascertained and paid into court for the owner, irrespective of 

1 In some countries — Russia, for example — the people do not have the right 
of free assemblage. 

2 The national guard is not a standing army, as its members are not professional 
soldiers, and do not give their entire time to military service. 

3 If a verdict of acquittal is rendered at the end of a trial the defendant may not 
be tried again on the same charge, unless the court should set the verdict aside for 
cause. There may be a new trial if the jury fails to agree. 



330 THE CONSTITUTION OF CALIFORNIA 

any benefits from any improvement proposed by such corporation, which 
compensation shall be ascertained by a jury, unless a jury be waived, as in 
other civil cases in a court of record, as shall be prescribed by law. The 
taking of private property for a railroad run by steam or electric power for 
logging or lumbering purposes shall be deemed a taking for a public use, and 
any person, firm, company or corporation taking private property under the 
law of eminent domain for such purposes shall thereupon and thereby become 
a common carrier. 1 [As amended October 10, 1911.] 

Imprisonment for debt and for militia fines forbidden. 

Sec. 15. No person shall be imprisoned for debt in any civil action, on 
mesne or final process, unless in cases of fraud, nor in civil actions for torts, 
except in cases of willful injury to person or property, 2 and no person shall be 
imprisoned for a militia fine in time of peace. 

Bills of attainder — Ex post facto laws — Obligation of contracts. 

Sec. 16. No bill of attainder, ex post facto law, or law impairing the obli- 
gations of contracts shall ever be passed. 3 
Rights of foreigners. 

Sec. 17. Foreigners of the white race, or of African descent, eligible to 
become citizens of the United States under the naturalization laws thereof, 

1 A railroad company, like a public corporation, has the right of eminent domain. 
If a lumber company builds a railroad for logging purposes over land belonging to 
other persons, the road is a common carrier; that is, it must transport freight offered 
to it for the purpose by other persons along the route; and is subject to the control 
of the state railroad commission. 

2 "Mesne" process refers to orders issued by the Court during the progress of a 
trial (§ 198, 2) ; "final" process refers to those issued at the end (§ 198, 4) ; a " tort " 
is an injury to person or property not amounting to a crime, but which constitutes 
cause for a civil action (§ 200). 

3 During and preceding the seventeenth century the British parliament occa- 
sionally passed bills declaring persons to be guilty of "high crimes and misdemean- 
ors." Such bills were called bills of attainder. The person against whom any such 
bill was passed had no trial and was given no hearing. The punishment was death 
and the confiscation of his property ; also the blood of his descendants was declared 
to be "attainted," that is, they were reduced to the lowest rank of society. No such 
bills have ever been passed in this country, as no person can be legally convicted 
except by a court of competent jurisdiction. Lynching, as compared with the old 
English bills of attainder, is a degraded method of taking life without " due process 
of law." 

A law making a past act punishable which was not punishable when committed, 
or a law increasing the punishment of a past act, would be an ex post facto law. A 
contract is made according to the law then in force. If the law relating to contracts 
is amended, the amendment cannot affect contracts already entered into ; it must 
apply only to future contracts. 



ARTICLE I, SECTIONS 17-22 33 1 

while bona fide residents of this State, shall have the same rights in respect 
to the acquisition, possession, enjoyment, transmission, and inheritance of all 
property, other than real estate, as native born citizens ; provided, that such 
aliens owning real estate at the time of the adoption of this amendment may 
remain such owners; and provided further, that the Legislature may, by 
statute, provide for the disposition of real estate which shall hereafter be 
acquired by such aliens by descent or devise. 1 [As amended November 6, 
1894-] 

Slavery prohibited. 

Sec. 18. Neither slavery nor involuntary servitude, unless for the punish- 
ment of crime, shall ever be tolerated in this State. 

General warrants. 

Sec. 19. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable seizures and searches, shall not 
be violated; and no warrant shall issue, but on probable cause, supported 
by oath or affirmation, particularly describing the place to be searched and 
the person and things to be seized. 

Treason. 

Sec. 20. Treason against the State shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort. No 
person shall be convicted of treason unless on the evidence of two witnesses 
to the same overt act, or confession in open court. 

Special privileges, limitations on. 

Sec. 21. No special privileges or immunities shall ever be granted which 
may not be altered, revoked, or repealed by the Legislature ; nor shall any 
citizen, or class of citizens, be granted privileges or immunities which, upon 
the same terms, shall not be granted to all citizens. 

Constitution mandatory. 

Sec. 22. The provisions of this Constitution are mandatory and pro- 
hibitory', unless by express words they are declared to be otherwise. 2 

1 The legislature is here given power to deprive the classes of aliens referred to of 
the right to own real estate, but it has not exercised this power. The omission of 
Asiatics and other persons not of the white or black races would seem to imply that 
the legislature may deprive them of the right even to own personal property. This 
power has of course not been exercised, but the passage of the "anti-alien land 
bill" in 1913 deprives persons who are ineligible to become American citizens (that 
is " Mongolians," or Chinese and Japanese) of the right to own real estate. 

2 The parts of the constitution that confer optional power upon the legislature, 
the courts, any officer or board, or any public corporation, are not mandatory or 



332 THE CONSTITUTION OF CALIFORNIA 

Rights retained by the people. 

Sec. 23. This enumeration of rights shall not be construed to impair or 
deny others retained by the people. 

Property qualification forbidden. 

Sec. 24. No property qualification shall ever be required for any person 
to vote or hold office. 

Right to fish. 

Sec. 25. The people shall have the right to fish upon and from the public 
lands of the State and in the waters thereof, excepting upon lands set aside 
for fish hatcheries, and no land owned by the State shall ever be sold or 
transferred without reserving in the people the absolute right to fish there- 
upon ; and no law shall ever be passed making it a crime for the people to 
enter upon the public lands within this State for the purpose of fishing in 
any water containing fish that have been planted therein by the State ; pro- 
vided, that the Legislature may by statute, provide for the season when and 
the conditions under which the different species of fish may be taken. [New 
section adopted November 8, igio.\ 



ARTICLE II 
RIGHT OF SUFFRAGE 

Who may vote, who may not. 

Section i. Every native citizen of the United States, every person who 
shall have acquired the rights of citizenship under or by virtue of the treaty 
of Queretaro, and every naturalized citizen thereof, who shall have become 
such ninety days prior to any election, of the age of twenty-one years, who 
shall have been resident of the State one year next preceding the election, 
and of the county in which he or she claims his or her vote ninety days, and 
in the election precinct thirty days, shall be entitled to vote at all elections 
which are now or may hereafter be authorized by law ; provided, no native 
of China, no idiot, no insane person, no person convicted of any infamous 
crime, no person hereafter convicted of the embezzlement or misappropria- 
tion of public money, and no person who shall not be able to read the Con- 
stitution in the English language and write his or her name, shall ever ex- 
ercise the privileges of an elector in this State ; provided, that the provisions 

prohibitory. Mandatory provisions are self-executing, — that is, public officers 
must enforce them, — unless supplementary acts on the part of the legislature are 
required. There is no way to compel the legislature to pass laws demanded by the 
constitution. Prohibitory provisions will be enforced by the courts at all times. 



ARTICLE n, SECTIONS 1-4 333 

of this amendment relative to an educational qualification shall not apply 
to any person prevented by a physical disability from complying with its 
requisitions, nor to any person who now has the right to vote, nor to any 
person who shall be sixty years of age and upwards at the time this amend- 
ment shall take effect. 1 [As amended October 10, 1911.] 

Privileges of voters. 

Sec. 2. Electors shall in all cases, except treason, felony, or breach of 
the peace, be privileged from arrest on the days of election, during their 
attendance at such election, going to and returning therefrom. 

Primary elections. 

Sec. 2\. The Legislature shall have the power to enact laws relative to 
the election of delegates to conventions of political parties ; and the Legis- 
lature shall enact laws providing for the direct nomination of candidates for 
public office, by electors, political parties, or organizations of electors without 
conventions, at elections to be known and designated as primary elections ; 
also to determine the tests and conditions upon which electors, political 
parties, or organizations of electors may participate in any such primary 
election. It shall also be lawful for the Legislature to prescribe that any 
such primary election shall be mandatory and obligatory. The Legislature 
shall also have the power to establish the rates of compensation for primary 
election officers serving at such primary elections in any city, or city and 
county, or county, or other subdivision of a designated population, with- 
out making such compensation uniform, and for such purpose such law 
may declare the population of any city, city and county, county or political 
subdivision. Provided, however, that until the Legislature shall enact a 
direct primary election law under the provisions of this section, the present 
primary election law shall remain in force and effect. 2 [As amended 
November 3, igo8.] 

Voters not obliged to perform military duty on election day. 

Sec. 3. No elector shall be obliged to perform militia duty on the day 
of election, except in time of war or public danger. 

Residence of voters. 

Sec. 4. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while employed 
in the service of the United States, nor while engaged in the navigation of the 
waters of this State or of the United States, or of the high seas ; nor while 

1 Prior to 191 1 only qualified "native male citizens " could vote. 

2 The word electors as used in this section means voters. By virtue of this sec- 
tion the direct primary law of 1909 was passed. 



334 THE CONSTITUTION OF CALIFORNIA 

a student at any seminary of learning ; nor while kept in any almshouse or 
other asylum at public expense ; nor while confined in any public prison. 

Elections to be by ballot or otherwise. 

Sec. 5. All elections by the people shall be by ballot or by such other 
method as may be prescribed by law; provided, that secrecy in voting be 
preserved. [As amended November 3, i8g6.] 

Voting machines. 

Sec. 6. The inhibitions of this Constitution to the contrary notwith- 
standing, 1 the Legislature shall have power to provide that in different parts 
of the State different methods may be employed for receiving and registering 
the will of the people as expressed at elections, and may provide that me- 
chanical devices may be used within designated subdivisions of the State 
at the option of the local authority indicated by the Legislature for that 
purpose. [New section; adopted November 4, igo2.\ 



. ARTICLE III 
DISTRIBUTION OF POWERS 

Three departments of government. 

Section i. The powers of the government of the State of California 
shall be divided into three separate departments — the legislative, executive, 
and judicial; and no person charged with the exercise of powers properly 
belonging to one of these departments shall exercise any functions appertain- 
ing to either of the others, except as in this Constitution expressly directed 
or permitted. (§ 123.) 



ARTICLE IV 

LEGISLATIVE DEPARTMENT 
Legislative power. 

Section i. The legislative power of this State shall be vested in a Senate 
and Assembly which shall be designated " The Legislature of the State of 
California," but the people reserve to themselves the power to propose laws 
and amendments to the Constitution, and to adopt or reject the same, at 
the polls independent of the Legislature, and also reserve the power, at their 
own option, to so adopt or reject any act, or section or part of any act, passed 

1 See Article I, section 11. 



ARTICLE IV, SECTION i 335 

by the Legislature. The enacting clause of every law shall be " The people 
of the State of California do enact as follows : ". 

The first power reserved to the people shall be known as the initiative. 
Upon the presentation to the Secretary of State of a petition certified as 
herein provided to have been signed by qualified electors, equal in number 
to eight per cent of all the votes cast for all candidates for Governor at the 
last preceding general election, at which a Governor was elected, proposing 
a law or amendment to the Constitution, set forth in full in said petition, the 
Secretary of State shall submit the said proposed law or amendment to the 
Constitution to the electors at the next succeeding general election occur- 
ring subsequent to ninety days after the presentation aforesaid of said peti- 
tion, or at any special election called by the Governor in his discretion prior 
to such general election. All such initiative petitions shall have printed 
across the top thereof in twelve point black-face type the following : " Ini- 
tiative measure to be submitted directly to the electors." 

Upon the presentation to the Secretary of State, at any time not less than 
ten days before the commencement of any regular session of the Legislature, 
of a petition certified as herein provided to have been signed by qualified 
electors of the State equal in number to five per cent of all the votes cast for 
all candidates for Governor at the last preceding general election, at which 
a Governor was elected, proposing a law set forth in full in said petition, 
the Secretary of State shall transmit the same to the Legislature as soon as 
it convenes and organizes. The law proposed by such petition shall be 
either enacted or rejected without change or amendment by the Legislature, 
within forty days from the time it is received by the Legislature. If any 
law proposed by such petition shall be enacted by the Legislature it shall be 
subject to referendum, as hereinafter provided. If any law so petitioned 
for be rejected, or if no action is taken upon it by the Legislature within 
said forty days, the Secretary of State shall submit it to the people for ap- 
proval or rejection at the next ensuing general election. The Legislature 
may reject any measure so proposed by initiative petition and propose a 
different one on the same subject by a yea and nay vote upon separate roll 
call, and in such event both measures shall be submitted by the Secretary of 
State to the electors for approval or rejection at the next ensuing general 
election or at a prior special election called by the Governor, in his discretion, 
for such purpose. All said initiative petitions last above described shall 
have printed in twelve point black-face type the following : " Initiative 
measure to be presented to the Legislature." 

The second power reserved to the people shall be known as the referendum. 
No act passed by the Legislature shall go into effect until ninety days after 
the final adjournment of the session of the Legislature which passed such act, 
except acts calling elections, acts providing for tax levies or appropriations 



336 THE CONSTITUTION OF CALIFORNIA 

for the usual current expenses of the State, and urgency measures necessary 
for the immediate preservation of the public peace, health or safety, passed 
by a two- thirds vote of all the members elected to each house. Whenever 
it is deemed necessary for the immediate preservation of the public peace, 
health or safety that a law shall go into immediate effect, a statement of the 
facts constituting such necessity shall be set forth in one section of the act, 
which section shall be passed only upon a yea and nay vote, upon a separate 
roll call thereon ; provided, however, that no measure creating or abolishing 
any office or changing the salary, term or duties of any officer, or granting 
any franchise or special privilege, or creating any vested right or interest, 
shall be construed to be an urgency measure. Any law so passed by the 
Legislature and declared to be an urgency measure shall go into immediate 
effect. 

Upon the presentation to the Secretary of State within ninety days after 
the final adjournment of the Legislature of a petition certified as herein pro- 
vided, to have been signed by qualified electors equal in number to five per 
cent of all the votes cast for all candidates for Governor at the last preceding 
general election at which a Governor was elected, asking that any act or 
section or part of any act of the Legislature, be submitted to the electors 
for their approval or rejection, the Secretary of State shall submit to the 
electors for their approval or rejection, such act, or section or part of such act, 
at the next succeeding general election occurring at any time subsequent to 
thirty days after the filing of said petition or at any special election which may 
be called by the Governor, in his discretion, prior to such regular election, 
and no such act or section or part of such act shall go into effect until and 
unless approved by a majority of the qualified electors voting thereon; 
but if a referendum petition is filed against any section or part of any act 
the remainder of such act shall not be delayed from going into effect. 

Any act, law or amendment to the Constitution submitted to the people 
by either initiative or referendum petition and approved by a majority of 
the votes cast thereon, at any election, shall take effect five days after the 
date of the official declaration of the vote by the Secretary of State. No 
act, law or amendment to the Constitution, initiated or adopted by the people, 
shall be subject to the veto power of the Governor, and no act, law or amend- 
ment to the Constitution, adopted by the people at the polls under the ini- 
tiative provisions of this section, shall be amended or repealed except by 
a vote of the electors, unless otherwise provided in said initiative measure ; 
but acts and laws adopted by the people under the referendum provisions 
of this section may be amended by the Legislature at any subsequent session 
thereof. If any provision or provisions of two or more measures, approved 
by the electors at the same election, conflict, the provision or provisions of 
the measure receiving the highest affirmative vote shall prevail. Until 



ARTICLE IV, SECTION i 337 

otherwise provided by law, all measures submitted to a vote of the electors, 
under the provisions of this section, shall be printed, and together with 
arguments for and against each such measure by the proponents and op- 
ponents thereof, shall be mailed to each elector in the same manner as now 
provided by law as to amendments to the Constitution, proposed by the 
Legislature ; and the persons to prepare and present such arguments shall, 
until otherwise provided by law, be selected by the presiding officer of the 
senate. 

If for any reason any initiative or referendum measure, proposed by 
petition as herein provided, be not submitted at the election specified in this 
section, such failure shall not prevent its submission at a succeeding general 
election, and no law or amendment to the Constitution, proposed by the 
Legislature, shall be submitted at any election unless at the same election 
there shall be submitted all measures proposed by petition of the electors, 
if any be so proposed, as herein provided. 

Any initiative or referendum petition may be presented in sections, but 
each section shall contain a full and correct copy of the title and text of the 
proposed measure. Each signer shall add to his signature his place of resi- 
dence, giving the street and number if such exist. His election precinct shall 
also appear on the paper after his name. The number of signatures at- 
tached to each section shall be at the pleasure of the person soliciting signa- 
tures to the same. Any qualified elector of the State shall be competent to 
solicit said signatures within the county or city and county of which he is an 
elector. Each section of the petition shall bear the name of the county or 
city and county in which it is circulated, and only qualified electors of such 
county or city and county shall be competent to sign such section. Each 
section shall have attached thereto the affidavit of the person soliciting 
signatures to the same, stating his own qualifications and that all the signa- 
tures to the attached section were made in his presence and that to the best 
of his knowledge and belief each signature to the section is the genuine 
signature of the person whose name it purports to be, and no other affidavit 
thereto shall be required. The affidavit of any person soliciting signatures 
hereunder shall be verified free of charge by any officer authorized to ad- 
minister oaths. Such petitions so verified shall be prima facie evidence that 
the signatures thereon are genuine and that the persons signing the same are 
qualified electors. Unless and until it be otherwise proven upon official 
investigation, it shall be presumed that the petition presented contains the 
signatures of the requisite number of qualified electors. 

Each section of the petition shall be filed with the clerk or registrar of 
voters of the county or city and county in which it was circulated, but all 
said sections circulated in any county or city and county shall be filed at the 
same time. Within twenty days after the filing of such petition in his 

CIVIL GOV. IN CAL. 2 2 



338 THE CONSTITUTION OF CALIFORNIA 

office the said clerk, or registrar of voters, shall determine from the records 
of registration what number of qualified electors have signed the same, and 
if necessary the board of supervisors shall allow said clerk or registrar addi- 
tional assistants for the purpose of examining such petition and provide for 
their compensation. The said clerk or registrar, upon the completion of 
such examination, shall forthwith attach to said petition, except the signa- 
tures thereto appended, his certificate, properly dated, showing the result 
of said examination and shall forthwith transmit said petition, together with 
his said certificate, to the Secretary of State and also file a copy of said 
certificate in his office. Within forty days from the transmission of the said 
petition and certificate by the clerk or registrar to the Secretary of State, a 
supplemental petition identical with the original as to the body of the peti- 
tion but containing supplemental names, may be filed with the clerk or regis- 
trar of voters, as aforesaid. The clerk or registrar of voters shall within ten days 
after the filing of such supplemental petition make like examination thereof, as 
of the original petition, and upon the completion of such examination shall 
forthwith attach to said petition his certificate, properly dated, showing the 
result of said examination, and shall forthwith transmit a copy of said supple- 
mental petition, except the signatures thereto appended, together with his cer- 
tificate, to the Secretary of State. 

When the Secretary of State shall have received from one or more county 
clerks or registrars of voters a petition certified as herein provided to have 
been signed by the requisite number of qualified electors, he shall forthwith 
transmit to the county clerk or registrar of voters of every county or city 
and county in the State his certificate showing such fact. A petition shall 
be deemed to be filed with the Secretary of State upon the date of the receipt 
by him of a certificate or certificates showing said petition to be signed by 
the requisite number of electors of the State. Any county clerk or registrar of 
voters shall, upon receipt of such copy, file the same for record in his office. 
The duties herein imposed upon the clerk or registrar of voters shall be per- 
formed by such registrar of voters in all cases where the office of registrar 
of voters exists. 

The initiative and referendum powers of the people are hereby further 
reserved to the electors of each county, city and county, city and town of 
the State, to be exercised under such procedure as may be provided by law. 
Until otherwise provided by law, the legislative body of any such county, 
city and county, city or town may provide for the manner of exercising the 
initiative and referendum powers herein reserved to such counties, cities 
and counties, cities and towns, but shall not require more than fifteen per 
cent of the electors thereof to propose any initiative measure nor more than 
ten per cent of the electors thereof to order the referendum. Nothing con- 
tained in this section shall be construed as affecting or limiting the present 






ARTICLE IV, SECTIONS 1-5 339 

or future powers of cities or cities and counties having charters adopted 
under the provisions of section eight of article eleven of this Constitution. 
In the submission to the electors of any measure under this section, all 
officers shall be guided by the general laws of this State, except as is herein 
otherwise provided. This section is self -executing, but legislation may be 
enacted to facilitate its operation, but in no way limiting or restricting either 
the provisions of this section or the powers herein reserved. [As amended 
October 10, 1911.] 

Sessions of the Legislature. 

Sec. 2. The sessions of the Legislature shall be biennial, unless the 
Governor shall, in the interim, convene the Legislature, by proclamation, 
in extraordinary session. All sessions, other than extraordinary, shall com- 
mence at twelve o'clock m., on the first Monday after the first day of January 
next succeeding the election of its members, and shall continue in session 
for a period not exceeding thirty days thereafter; whereupon a recess of 
both houses must be taken for not less than thirty days. On the reassem- 
bling of the Legislature, no bill shall be introduced in either house without 
the consent of three fourths of the members thereof, nor shall more than two 
bills be introduced by any one member after such reassembling. [As 
amended October 10, 1911.] 

Election of members of the Assembly. 

Sec. 3. Members of the Assembly shall be elected in the year eighteen 
hundred and seventy-nine, at the time and in the manner now provided by 
law. The second election of members of the Assembly after the adoption 
of this Constitution shall be on the first Tuesday after the first Monday in 
November, eighteen hundred and eighty. Thereafter, members of the As- 
sembly shall be chosen biennially, and their term of office shall be two years ; 
and each election shall be on the first Tuesday after the first Monday in 
November, unless otherwise ordered by the Legislature. (§ 120.) 

Election of senators and qualifications of members of Legislature. 

Sec. 4. Senators shall be chosen for the term of four years, at the same 
time and places as members of the Assembly, and no person shall be a mem- 
ber of the Senate or Assembly who has not been a citizen and inhabitant of 
the State three years, and of the district for which he shall be chosen one 
year, next before his election. (§ 120.) 

Number of senators and members of the Assembly. 

Sec. 5. The Senate shall consist of forty members, and the Assembly 
of eighty members, to be elected by districts, numbered as hereinafter 
provided. The seats of the twenty Senators elected in the year eighteen 
hundred and eighty-two from the odd-numbered districts shall be vacated 



340 THE CONSTITUTION OF CALIFORNIA 

at the expiration of the second year, so that one half of the Senators shall 
be elected every two years; provided, that all the Senators elected at the 
first election under this Constitution shall hold office for the term of three 
years. 

Senatorial and Assembly districts. 

Sec. 6. For the purpose of choosing members of the Legislature, the 
State shall be divided into forty senatorial and eighty assembly districts, as 
nearly equal in population as may be, and composed of contiguous territory, 
to be called senatorial and assembly districts. Each senatorial district shall 
choose one Senator, and each assembly district shall choose one member of 
Assembly. The senatorial districts shall be numbered from one to forty, 
inclusive, in numerical order, and the assembly districts shall be numbered 
from one to eighty in the same order, commencing at the northern boundary 
of the State and ending at the southern boundary thereof. In the formation 
of such districts, no county, or city and county, shall be divided, unless it 
contains sufficient population within itself to form two or more districts; 
nor shall a part of any county, or of any city and county, be united with any 
other county, or city and county, in forming any district. The census taken 
under the direction of the Congress of the United States, in the year one 
thousand eight hundred and eighty, and every ten years thereafter, shall be 
the basis of fixing and adjusting the legislative districts; and the Legis- 
lature shall, at its first session after each census, adjust such districts and 
reapportion the representation so as to preserve them as near equal in popu- 
lation as may be. But in making such adjustment no persons who are not 
eligible to become citizens of the United States, under the naturalization 
laws, shall be counted as forming a part of the population of any district. 
Until such districting as herein provided for shall be made, Senators and 
Assemblymen shall be elected by the districts according to the apportion- 
ment now provided for by law. (Appendix B, I and II.) 

Each house to choose its officers and judge of the qualifications of its mem- 
bers. 

Sec. 7. Each house shall choose its officers, and judge of the qualifica- 
tions, elections, and returns of its members. 

Quorum. 

Sec. 8. A majority of each house shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn from day to day, and may compel 
the attendance of absent members in such manner, and under such penalties, 
as each house may provide. 

Rules of proceeding, and expulsion of members. 

Sec. 9. Each house shall determine the rule of its proceeding, and may. 



ARTICLE IV, SECTIONS 9-16 341 

with the concurrence of two thirds of all the members elected, expel a 
member. 

Journals. . 

Sec. 10. Each house shall keep a journal of its proceedings, and publish 
the same, and the yeas and nays of the members of either house, on any 
question, shall, at the desire of any three members present, be entered on 
the journal. 

Members privileged from arrest. 

Sec. 11. Members of the Legislature shall, in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest, and shall not be 
subject to any civil process during the session of the Legislature, nor for fifteen 
days next before the commencement and after the termination of each session. 

Vacancies. 

Sec. 12. When vacancies occur in either house, the Governor, or the 
person exercising the functions of the Governor, shall issue writs of election 
to fill such vacancies. 

Meetings to be open. 

Sec. 13. The doors of each house shall be open, except on such occasions 
as, in the opinion of the house, may require secrecy. 

Adjournment. 

Sec. 14. Neither house shall, without the consent of the other, adjourn 
for more than three days, nor to any place other than that in which they may 
be sitting. Nor shall the members of either house draw pay for any recess 
or adjournment for a longer time than three days. 

Laws, how passed. 

Sec. 15. No law shall be passed except by bill. Nor shall any bill be 
put upon its final passage until the same, with the amendments thereto, 
shall have been printed for the use of the members ; nor shall any bill be- 
come a law unless the same be read on three several days in each house, 
unless, in case of urgency, two thirds of the house where such bill may be 
pending shall, by a vote of yeas and nays, dispense with this provision. 
Any bill may originate in either house, but may be amended or rejected by 
the other ; and on the final passage of all bills they shall be read at length, 
and the vote shall be by yeas and nays upon each bill separately, and shall 
be entered on the journal ; and no bill shall become a law without the con- 
currence of a majority of the members elected to each house. (§ 122.) 

Approval of bills by Governor, and veto power. 

Sec. 16. Every bill which may have passed the Legislature shall, before 
it becomes a law, be presented to the Governor. If he approve it, he shall 



342 THE CONSTITUTION OF CALIFORNIA 

sign it ; but if not, he shall return it, with his objections, to the house in 
which it originated, which shall enter such objections upon the journal and 
proceed to reconsider it. If after such reconsideration, it again pass both 
houses, by yeas and nays, two thirds of the members elected to each house 
voting therefor, it shall become a law, notwithstanding the Governor's 
objections. If any bill shall not be returned within ten days after it shall 
have been presented to him (Sundays excepted), the same shall become 
a law in like manner as if he had signed it, unless the Legislature, by ad- 
journment, prevents such return, in which case it shall not become a law, 
unless the Governor, within thirty days after such adjournment (Sundays 
excepted), shall sign and deposit the same in the office of the Secretary of 
State, in which case it shall become a law in like manner as if it had been 
signed by him before adjournment. If any bill presented to the Governor 
contains several items of appropriation of money, he may object to one or 
more items, while approving other portions of the bill. In such case he shall 
append to the bill at the time of signing it, a statement of the items to which 
he objects, and the reasons therefor, and the appropriation so objected to 
shall not take effect unless passed over the Governor's veto, as hereinbefore 
provided. If the Legislature be in session, the Governor shall transmit to 
the house in which the bill originated a copy of such statement, and the items 
so objected to shall be separately reconsidered in the same manner as bills 
which have been disapproved by the Governor. [As amended Novem- 
ber 3, 1908.] (§ 122.) 

Impeachment. 

Sec. 17. The Assembly shall have the sole power of impeachment, and 
all impeachments shall be tried by the Senate. When sitting for that 
purpose, the Senators shall be upon oath or affirmation, and no person shall 
be convicted without the concurrence of two thirds of the members elected. 
(§ 213.) 

Officers subject to impeachment. 

Sec. 18. The Governor, Lieutenant Governor, Secretary of State, Con- 
troller, Treasurer, Attorney General, Surveyor General, Chief Justice and 
Associate Justices of the Supreme Court, Judges of the District Courts of 
Appeal, and Judges of the Superior Courts, shall be liable to impeachment 
for any misdemeanor in office ; but judgment in such cases shall extend only 
to removal from office, and disqualification to hold any office of honor, trust, 
or profit under the State ; but the party convicted or acquitted shall never- 
theless be liable to indictment, trial, and punishment according to law. All 
other civil officers shall be tried for misdemeanor in office in such manner as 
the Legislature may provide. [As amended October 10, ign.\ 



ARTICLE IV, SECTIONS 19-22 343 

Members not eligible to certain offices. 

Sec. 19. No Senator or member of Assembly shall, during the term for 
which he shall have been elected, be appointed to any civil office of profit 
under this State which shall have been created, or the emoluments of which 
have been increased, during such term, except such offices as may be filled 
by election by the people. 

Certain officials not eligible to office under state government. 

Sec. 20. No person holding any lucrative office under the United States, 
or any other power, shall be eligible to any civil office of profit under this 
State; provided, that officers in the militia, who receive no annual salary, 
local officers, or postmasters whose compensation does not exceed five hun- 
dred dollars per annum, shall not be deemed to hold lucrative offices. 

Embezzlers not eligible to office. 

Sec. 21. No person convicted of the embezzlement or defalcation of 
the public funds of the United States, or of any State, or of any county or 
municipality therein, shall ever be eligible to any office of honor, trust, or 
profit under this State, and the Legislature shall provide, by law, for the 
punishment of embezzlement or defalcation as a felony. 

Money, how appropriated ; how drawn. 

Sec. 22. No money shall be drawn from the treasury but in consequence 
of appropriations made by law, and upon warrants duly drawn thereon by 
the Controller ; and no money shall ever be appropriated or drawn from the 
state treasury for the purpose or benefit of any corporation, association, 
asylum, hospital, or any other institution not under the exclusive manage- 
ment and control of the State as a state institution, nor shall any grant or 
donation of property ever be made thereto by the State ; provided, that not- 
withstanding anything contained in this or any other section of this Con- 
stitution, the Legislature shall have the power to grant aid to the institutions 
conducted for the support and maintenance of minor orphans, or half orphans, 
or abandoned children, or aged persons in indigent circumstances — such 
aid to be granted by a uniform rule, and proportioned to the number of 
inmates of such respective institutions ; provided, further, that the State shall 
have at any time the right to inquire into the management of such institu- 
tion ; provided, further, that whenever any county, or city and county, or 
city, or town, shall provide for the support of minor orphans, or half orphans, 
or abandoned children, or aged persons in indigent circumstances, such 
county, city and county, city, or town shall be entitled to receive the same 
pro rata appropriations as may be granted to such institutions under church 
or other control. An accurate statement of the receipts and expenditures 
of public moneys shall be attached to and published with the laws at every 
regular session of the Legislature. (§ 65, 6.) 



344 THE CONSTITUTION OF CALIFORNIA 

Provided, however, that for the purpose of raising five million dollars 
($5,000,000), to be used in establishing, maintaining, and supporting in 
the city and county of San Francisco, State of California, an exposition in 
commemoration of the completion of the Panama canal, to be known as the 
Panama-Pacific International Exposition, the State Board of Equalization 
shall, for the fiscal year beginning July 1, 191 1, and for each fiscal year there- 
after, to and including the fiscal year beginning July 1, 1914, fix, establish, 
and levy such an ad valorem rate of taxation, as when levied upon all the 
taxable property in the State, after making due allowance for delinquency, 
shall produce for each of such fiscal years a sum of one million two hundred 
and fifty thousand dollars ($1,250,000). The said taxes shall be levied, 
assessed, and collected upon every kind and character of property in the 
State of California not exempt from taxation under the law, and subject to 
taxation on the 1st day of July, 1910, and in the same manner, and by the 
same method, as other state taxes were levied, assessed, and collected under 
the law, as the same existed on the 1st day of July, 1910. The State Board 
of Equalization shall each year, at the time it determines the amount of 
revenue required for other state purposes, determine, fix, and include the rate 
of tax necessary to raise the revenue herein provided for. 

There is hereby created in the state treasury a fund to be known as the 
Panama-Pacific International Exposition fund, and all moneys collected 
pursuant to this provision, after deducting the proportionate share of the 
expense for the collection of the same, shall be paid into the state treasury, 
and credited to such fund. All moneys so paid into such fund are hereby 
appropriated, without reference to fiscal years, for the use, establishment, 
maintenance, and support of said Panama-Pacific International Exposition. 
No tax, license fee, or charge of any kind or character shall ever be levied or 
assessed or charged against any property of said Panama-Pacific Inter- 
national Exposition, or against any property used as exhibit therein, while 
being used or exhibited in connection therewith. 

There is hereby created a commission to be known as the Panama-Pacific 
International Exposition Commission of the State of California, which shall 
consist of the Governor of said State and four other members to be appointed 
by the Governor, by and with the advice and consent of the Senate of said 
State. The Governor shall have the power to fill all vacancies occurring 
at any time in said commission. The members of said commission shall 
receive no compensation and shall hold office until such exposition shall have 
been closed and its affairs settled. Said four members of said commission 
shall be selected from different sections of the State, and the appointment 
thereof shall be made by the Governor of the State during the month of 
February, 191 1. The commission hereby created shall have the exclusive 
charge and control of all moneys paid into the Panama-Pacific International 






ARTICLE IV, SECTIONS 22-230 345 

Exposition fund ; and provided furtlier that the Legislature shall pass all 
laws necessary to carry out the provisions of this act, including the times and 
the manner in which and the terms and conditions upon which money shall 
be drawn from the state treasury by said commission ; where contracts and 
vouchers shall be filed ; to whom and how often reports shall be made ; 
what disposition shall be made of any sum left unexpended or received from 
the sale of any property or buildings purchased or constructed by said com- 
mission for the use of said exposition, or of any disposition of any building 
or improvement constructed by said commission out of said fund, and to 
provide for the transfer to the general fund of the State of California of any 
portion of said Panama-Pacific International Exposition fund unused. 

The commission herein created is authorized and directed to make such 
proper contracts with the Panama-Pacific International Exposition Com- 
pany, a corporation organized under the laws of the State of California on 
the 2 2d day of March, 1910, as will entitle the State of California to share 
proportionately with the contributors to the said Panama-Pacific Interna- 
tional Exposition in the returns from the holding of said exposition at the 
city and county of San Francisco. [As amended November 8, igio.] 

Compensation of members of the Legislature. 

Sec. 23. The members of the Legislature shall receive for their services, 
the sum of one thousand dollars each for each regular session, to be paid at 
such times during the session as may be provided by law, and the sum of 
ten dollars each, for each day while in attendance at a special or extraor- 
dinary session, for a number of days not exceeding thirty; and mileage to 
be fixed by law, all paid out of the state treasury; such mileage shall not 
exceed ten cents per mile ; and each member shall be allowed contingent 
expenses not exceeding twenty-five dollars per member for each regular 
biennial session. The Legislature may also provide for additional help; 
but in no case shall the total expense for officers, employes and attaches 
exceed the sum of five hundred dollars per day for either house, at any 
regular or biennial session, nor the sum of two hundred dollars per day for 
either house, at any special or extraordinary- session, nor shall the pay of any 
officer, employe or attache be increased after he is elected or appointed. 
[.45 amended November 3, igo8.] (§ 121.) 

Limitation of expense for officers and employes. 

Sec. 23a. The Legislature may also provide for the employment of help ; 
but in no case shall the total expense for officers, employes and attaches 
exceed the sum of five hundred dollars per day for either house, at any regular 
or biennial session, nor the sum of two hundred dollars per day for either 
house at any special or extraordinary session, nor shall the pay of any officer, 



346 THE CONSTITUTION OF CALIFORNIA 

employe or attache be increased after he is elected or appointed. 1 [New 
section; adopted November 3, 1908.] 

Every act to embrace but one subject — Amending acts. 

Sec. 24. Every act shall embrace but one subject, which subject shall 
be expressed in its title. But if any subject shall be embraced in an act 
which shall not be expressed in its title, such act shall be void only as to so 
much thereof as shall not be expressed in its title. No law shall be revised or 
amended by reference to its title ; but in such case the act revised or section 
amended shall be reenacted and published at length as revised or amended ; 
and all laws of the State of California, and all official writings, and the ex- 
ecutive, legislative, and judicial proceedings shall be conducted, preserved, 
and published in no other than the English language. 

Local and special legislation forbidden. 

Sec. 25. The Legislature shall not pass local or special laws in any of 
the following enumerated cases, that is to say : 

First — Regulating the jurisdiction and duties of justices of the peace, 
police judges, and of constables. 

Second — For the punishment of crimes and misdemeanors. 

Third — Regulating the practice of courts of justice. 

Fourth — Providing for changing the venue in civil or criminal actions. 2 

Fifth — Granting divorces. 

Sixth — Changing the names of persons or places. 

Seventh — Authorizing the laying out, opening, altering, maintaining, 
or vacating roads, highways, streets, alleys, town plats, parks, cemeteries, 
graveyards, or public grounds not owned by the State. 

Eighth — Summoning and impaneling grand and petit juries, 3 and provid- 
ing for their compensation. 

Ninth — Regulating county and township business, or the election of 
county and township officers. 

Tenth — For the assessment or collection of taxes. 

Eleventh — Providing for conducting elections, or designating the places 
of voting, except on the organization of new counties. 

Twelfth — Affecting estates of deceased persons, minors, or other persons 
under legal disabilities. 

Thirteenth — Extending the time for the collection of taxes. 

1 Sections 23 and 23a were both submitted to the voters at the same time. It 
was contemplated that only one of the two would be adopted, but both were ; hence 
the repetition. 

2 A change of venue means a change in the place of holding a trial, as from one 
county to another. 

3 A petit jury is a trial jury. 



ARTICLE IV, SECTIONS 25-26 347 

Fourteenth — Giving effect to invalid deeds, wills, or other instruments. 

Fifteenth — Refunding money paid into the state treasury. 

Sixteenth — Releasing or extinguishing, in whole or in part, the indebted- 
ness, liability, or obligation of any corporation or person to this State, or to 
any municipal corporation therein. 

Seventeenth — Declaring any person of age, or authorizing any minor to 
sell, lease, or encumber his or her property. 

Eighteenth — Legalizing, except as against the State, the unauthorized 
or invalid act of any officer. 

Nineteenth — Granting to any corporation, association, or individual any 
special or exclusive right, privilege, or immunity. 

Twentieth — Exempting property from taxation. 

Twenty-first — Changing county seats. 

Twenty-second — Restoring to citizenship persons convicted of infamous 
crimes. 

Twenty-third — Regulating the rate of interest on money. 

Twenty-fourth — Authorizing the creation, extension, or impairing of liens. 

Twenty-fifth — Chartering or licensing ferries, bridges, or roads. 

Twenty-sixth — Remitting fines, penalties, or forfeitures. 

Twenty-seventh — Providing for the management of common schools. 

Twenty-eighth — Creating offices, or prescribing the powers and duties of 
officers in counties, cities, cities and counties, townships, election or school 
districts. 

Twenty-ninth — Affecting the fees or salary of any officer. 

Thirtieth — Changing the law of descent or succession. 

Thirty -first — Authorizing the adoption or legitimation of children. 

Thirty-second — For limitation of civil or criminal actions. 

Thirty-third — In all other cases where a general law can be made appli- 
cable. (§ 123.) 

Fish and game districts. 

Sec. 25^. The Legislature may provide for the division of the State into 
fish and game districts, and may enact such laws for the protection of fish 
and game therein as it may deem appropriate to the respective districts. 
[New section; adopted November 4, igo2.\ (§§ 61, 152.) 

Lotteries prohibited. 

Sec. 26. The Legislature shall have no power to authorize lotteries or gift 
enterprises for any purpose and shall pass laws to prohibit the sale in this 
State of lottery or gift enterprise tickets or tickets in any scheme in the nature 
of a lottery. The Legislature shall pass laws to prohibit the fictitious buying 
and selling of the shares of the capital stock of corporations in any stock 
board, stock exchange or stock market under the control of any corporation 



348 THE CONSTITUTION OF CALIFORNIA 

or association. All contracts for the purchase or sale of shares of the capital 
stock of any corporation or association without any intention on the part 
of one party to deliver and of the other party to receive the shares, and con- 
templating merely the payment of differences between the contract and 
market prices on divers days, shall be void, and neither party to any such 
contract shall be entitled to recover any damages for failure to perform the 
same, or any money paid thereon, in any court of this State. 1 [As amended 
November 3, 1908.] 

Congressional districts, formation of. 

Sec. 27. When a congressional district shall be composed of two or more 
counties, it shall not be separated by any county belonging to another 
district. No county, or city and county, shall be divided in forming a con- 
gressional district so as to attach one portion of a county, or city and county, 
to another county, or city and county, except in cases where one county, or 
city and county, has more population than the ratio required for one or more 
congressmen ; but the Legislature may divide any county, or city and county, 
into as many congressional districts as it may be entitled to by law. Any 
county, or city and county, containing a population greater than the number 
required for one congressional district shall be formed into one or more 
congressional districts, according to the population thereof, and any residue, 
after forming such district or districts, shall be attached by compact ad- 
joining assembly districts, to a contiguous county or counties, and form 
a congressional district. In dividing a county, or city and county, into 
congressional districts no assembly district shall be divided so as to form a 
part of more than one congressional district, and every such congressional 
district shall be composed of compact contiguous assembly districts. (Ap- 
pendix B, III.) 

Elections by the Legislature. 

Sec. 28. In all elections by the Legislature the members thereof shall vote 
viva voce, and the vote shall be entered on the journal. 

General appropriation bill, what to contain. 

Sec. 29. The general appropriation bill shall contain no item or items 
of appropriation other than such as are required to pay the salaries of the 
State officers, the expenses of the government, and of the institutions under 
the exclusive control and management of the State. 

Support of sectarian schools prohibited. 

Sec. 30. Neither the Legislature, nor any county, city and county, 
township, school district, or other municipal corporation, shall ever make an 
appropriation, or pay from any public fund whatever, or grant anything to 

1 The last provision relates to speculation in the capital stock of corporations. 



ARTICLE IV, SECTIONS 30-33 349 

or in aid of any religious sect, church, creed, or sectarian purpose, or help to 
support or sustain any school, college, university, hospital, or other institu- 
tion controlled by any religious creed, church, or sectarian denomination 
whatever ; nor shall any grant or donation of personal property or real estate 
ever be made by the State, or any city, city and county, town, or other 
municipal corporation for any religious creed, church, or sectarian purpose 
whatever; provided, that nothing in this section shall prevent the Legis- 
lature granting aid pursuant to section twenty-two of this article. 

Public credit to corporations prohibited. 

Sec. 31. The Legislature shall have no power to give or to lend, or to 
authorize the giving or lending, of the credit of the State, or of any county, 
city and county, city, township, or other political corporation or subdivision 
of the State now existing, or that may be hereafter established, in aid of or 
to any person, association, or corporation, whether municipal or otherwise, 
or to pledge the credit thereof, in any manner whatever, for the payment of 
the liabilities of any individual, association, municipal or other corporation 
whatever ; nor shall it have power to make any gift, or authorize the making 
of any gift, of any public money or thing of value to any individual, munici- 
pal or other corporation whatever; provided, that nothing in this section 
shall prevent the Legislature granting aid pursuant to section twenty-two 
of this article ; and it shall not have power to authorize the State, or any 
political subdivision thereof, to subscribe for stock, or to become a stock- 
holder in any corporation whatever. 

Extra compensation to officers prohibited. 

Sec. 32. The Legislature shall have no power to grant, or authorize any 
county or municipal authority to grant, any extra compensation or allow- 
ance to any public officer, agent, servant, or contractor, after service has been 
rendered, or a contract has been entered into and performed, in whole or 
in part, nor to pay, or to authorize the payment of, any claim hereafter 
created against the State, or any county or municipality of the State, under 
any agreement or contract made without express authority of law ; and all 
such unauthorized agreements or contracts shall be null and void. (§ 68.) 

Charges by certain corporations, regulation of. 

Sec. 33. The Legislature shall pass laws for the regulation and limitation 
of the charges for services performed and commodities furnished by telegraph 
and gas corporations, and the charges by corporations or individuals for 
storage and wharfage, in which there is a public use, and where laws shall 
provide for the selection of any person or officer to regulate and limit such 
rates, no such person or officer shall be selected by any corporation or indi- 
vidual interested in the business to be regulated, and no person shall be 
selected who is an officer or stockholder in any such corporation. 



350 THE CONSTITUTION OF CALIFORNIA 

Appropriation bills to contain but one item. 

Sec. 34. No bill making an appropriation of money, except the general 
appropriation bill, shall contain more than one item of appropriation, and 
that for one single and certain purpose to be therein expressed. 

Punishment for bribery. 

Sec. 35. Any person who seeks to influence the vote of a member ot 
the Legislature by bribery, promise of reward, intimidation, or any other 
dishonest means, shall be guilty of lobbying, which is hereby declared a 
felony; and it shall be the duty of the Legislature to provide, by law, for 
the punishment of this crime. Any member of the Legislature, who shall be 
influenced in his vote or action upon any matter pending before the Legis- 
lature by any reward, or promise of future reward, shall be deemed guilty 
of a felony, and upon conviction thereof, in addition to such punishment as 
may be provided by law, shall be disfranchised and forever disqualified from 
holding any office or public trust. Any person may be compelled to testify 
in any lawful investigation or judicial proceeding against any person who 
may be charged with having committed the offense of bribery or corrupt 
solicitation, or with having been influenced in his vote or action, as a member 
of the Legislature, by reward, or promise of future reward, and shall not be 
permitted to withhold his testimony upon the ground that it may criminate 
himself or subject him to public infamy ; but such testimony shall not after- 
wards be used against him in any judicial proceeding,' except for perjury in 
giving such testimony. 

Establish system of highways. 

Sec. 36. The Legislature shall have power to establish a system of state 
highways or to declare any road a state highway, and to pass all laws neces- 
sary or proper to construct and maintain the same, and to extend aid for 
the construction and maintenance in whole or in part of any county highway. 
[New section; adopted November 4, igo2.\ (§ 145.) 



ARTICLE V 
EXECUTIVE DEPARTMENT 






Executive power vested in the Governor. 

Section i. The supreme executive power of this State shall be vested 
in a Chief Magistrate, who shall be styled the Governor of the State of 
California. 



ARTICLE V, SECTIONS 2-9 35 1 

Election and term of office of Governor. 

Sec. 2. The Governor shall be elected by the qualified electors at the 
time and places of voting for members of the Assembly, and shall hold his 
office four years from and after the first Monday after the first day of Janu- 
ary subsequent to his election, and until his successor is elected and qualified. 
(§ 126.) 

Qualifications of Governor. 

Sec. 3. No person shall be eligible to the office of Governor who has not 
been a citizen of the United States and a resident of this State five years 
next preceding his election, and attained the age of twenty-five years at the 
time of such election. 

Election of Governor, how made known. 

Sec. 4. The returns of every election for Governor shall be sealed up 
and transmitted to the seat of government, directed to the Speaker of the 
Assembly, who shall, during the first week of the session, open and publish 
them in the presence of both houses of the Legislature. The person having 
the highest number of votes shall be Governor ; but, in case any two or more 
have an equal and the highest number of votes, the Legislature shall, by 
joint vote of both houses, choose one of such persons so having an equal and 
the highest number of votes for Governor. 

Governor to be commander-in-chief. 

Sec. 5. The Governor shall be commander-in-chief of the militia, the 
army and navy of this State. (§ 127.) 

Governor to transact executive business. 

Sec. 6. He shall transact all executive business with the officers of 
government, civil and military, and may require information, in writing, 
from the officers of the executive department, upon any subject relating to 
the duties of their respective offices. (§ 127.) 

Governor to see that laws are executed. 

Sec. 7. He shall see that the laws are faithfully executed. 

Governor to fill vacancies. 

Sec. 8. When any office shall, from any cause, become vacant, and no 
mode is provided by the Constitution and law for filling such vacancy, the 
Governor shall have power to fill such vacancy by granting a commission, 
which shall expire at the end of the next session of the Legislature, or at 
the next election by the people. 

Governor may call extra session of Legislature. 

Sec. 9. He may, on extraordinary occasions, convene the Legislature 
by proclamation, stating the purposes for which he has convened it, and when 



352 THE CONSTITUTION OF CALIFORNIA 

so convened it shall have no power to legislate on any subjects other than 
those specified in the proclamation, but may provide for the expenses of the 
session and other matters incidental thereto. (§§ 123; 127, II.) 

Governor's message. 

Sec. 10. He shall communicate by message to the Legislature, at every 
session, the condition of the State, and recommend such matters as he shall 
deem expedient. (§ 127, II.) 

Governor may adjourn Legislature. 

Sec. 11. In case of a disagreement between the two houses with respect 
to the time of adjournment, the Governor shall have power to adjourn the 
Legislature to such time as he may think proper ; provided, it be not beyond 
the time fixed for the meeting of the next Legislature. 

Officer of the United States not to act as Governor. 

Sec. 12. No person shall, while holding any office under the United 
States or this State, exercise the office of Governor except as hereinafter 
expressly provided. 

Governor to keep great seal. 

Sec. 13. There shall be a seal of this State, which shall be kept by the 
Governor, and used by him officially, and shall be called " The Great Seal of 
the State of California." 

Form of commission. 

Sec. 14. All grants and commissions shall be in the name and by the 
authority of the people of the State of California, sealed with the great seal 
of the State, signed by the Governor, and countersigned by the Secretary 
of State. 

Lieutenant Governor, qualifications and duties. 

Sec. 15. A Lieutenant Governor shall be elected at the same time and 
place and in the same manner as the Governor, and his term of office and 
his qualifications shall be the same. He shall be President of the Senate, but 
shall only have a casting vote therein. [As amended November 8, i8g8.] 
(§ 128.) 

Lieutenant Governor may become Governor, when. 

Sec. 16. In case of the impeachment of the Governor, or his removal 
from office, death, inability to discharge the powers and duties of his office, 
resignation, or absence from the State, the powers and duties of the office 
shall devolve upon the Lieutenant Governor for the residue of the term, or 
until the disability shall cease. And should the Lieutenant Governor be 
impeached, displaced, resign, die, or become incapable of performing the 
duties of his office, or be absent from the State, the President pro tempore 



ARTICLE V, SECTIONS 16-19 353 

of the Senate shall act as Governor until the vacancy in the office of Governor 
shall be filled at the next general election when members of the Legislature 
shall be chosen, or until such disability of the Lieutenant Governor shall cease- 
In case of a vacancy in the office of Governor for any of the reasons above 
named, and neither the Lieutenant Governor nor the President pro tempore 
of the Senate succeed to the powers and duties of Governor, then the powers 
and duties of such office shall devolve upon the Speaker of the Assembly, 
until the office of Governor shall be filled at such general election. [As 
amended November 8, i8g8.] 

State executive officers. 

Sec. 17. A Secretary of State, a Controller, a Treasurer, an Attorney 
General, and a Surveyor General shall be elected at the same time and places, 
and in the same manner as the Governor and Lieutenant Governor, and their 
terms of office shall be the same as that of the Governor. 

Secretary of State — Duties. 

Sec. 18. The Secretary of State shall keep a correct record of the official 
acts of the legislative and executive departments of the Government, and 
shall, when required, lay the same, and all matters relative thereto, before 
either branch of the Legislature, and shall perform such other duties as may 
be assigned him by law. (§ 129.) 

Compensation of executive officers. 

Sec. 19. The Governor, Lieutenant Governor, Secretary of State, Con- 
troller, Treasurer, Attorney General, and Surveyor General shall, at stated 
times during their continuance in office, receive for their services a compen- 
sation which shall not be increased or diminished during the term for which 
they shall have been elected, which compensation is hereby fixed for the 
following officers, as follows : Governor, ten thousand dollars per annum ; 
Lieutenant Governor, four thousand dollars, the Secretary of State, Con- 
troller, Treasurer, and Surveyor General, five thousand dollars each per 
annum, and the Attorney General, six thousand dollars per annum, such 
compensation to be in full for all services by them respectively rendered in 
any official capacity or employment whatsoever during their respective 
terms of office ; provided, however, that the Legislature may, by law, diminish 
the compensation of any or all of such officers, but in no case shall have the 
power to increase the same above the sums hereby fixed by this Constitu- 
tion. No salary shall be authorized by law for clerical service, in any office 
provided for in this article, exceeding eighteen hundred dollars per annum 
for each clerk employed. The Legislature may, in its discretion, abolish 
the office of Surveyor General ; and none of the officers hereinbefore named 
shall receive for their own use any fees or perquisites for the performance 
of any official duty. [As amended November 3, 1908.] (§ 139.) 
civil gov. in cal. — 23 



354 THE CONSTITUTION OF CALIFORNIA 

Governor not eligible to United States Senate. 

Sec. 20. The Governor shall not, during his term of office, be elected 
a Senator to the Senate of the United States. 



ARTICLE VI 

JUDICIAL DEPARTMENT 

Judicial power — How vested. 

Section i. The judicial power of the State shall be vested in the Senate, 
sitting as a court of impeachment, in a Supreme Court, District Courts of 
Appeal, Superior Courts and such inferior courts as the Legislature may 
establish in any incorporated city or town, township, county, or city and 
county. [As amended October 10, ipn.] (§ 203.) 

Supreme Court — How constituted. 

Sec. 2. The Supreme Court shall consist of a Chief Justice and six 
Associate Justices. The court may sit in departments and in bank, and shall 
always be open for the transaction of business. There shall be two depart- 
ments, denominated, respectively, Department One and Department Two. 
The Chief Justice shall assign three of the Associate Justices to each depart- 
ment, and such assignment may be changed by him from time to time. 
The Associate Justices shall be competent to sit in either department, and 
may interchange with each other by agreement among themselves or as 
ordered by the Chief Justice. Each of the departments shall have the power 
to hear and determine causes and all questions arising therein, subject to 
the provisions hereinafter contained in relation to the court in bank. The 
presence of three justices shall be necessary to transact any business in 
either of the departments, except such as may be done at chambers, and the 
concurrence of three justices shall be necessary to pronounce a judgment. 
The Chief Justice shall apportion the business to the departments, and may, 
in his discretion, order any cause pending before the court to be heard and 
decided by the court in bank. The order may be made before or after judg- 
ment pronounced by a department; but where a cause has been allotted 
to one of the departments, and a judgment pronounced thereon, the order 
must be made within thirty days after such judgment, and concurred in by 
two Associate Justices, and if so made it shall have the effect to vacate and 
set aside the judgment. Any four justices may, either before or after judg- 
ment by a department, order a case to be heard in bank. If the order be 
not made within the time above limited the judgment shall be final. No 
judgment by a department shall become final until the expiration of the 



ARTICLE VI, SECTIONS 2-4 355 

period of thirty days aforesaid, unless approved by the Chief Justice, in 
writing, with the concurrence of two Associate Justices. The Chief Justice 
may convene the court in bank at any time, and shall be the presiding 
justice of the court when so convened. The concurrence of four justices 
present at the argument shall be necessary to pronounce a judgment in bank ; 
but if four justices, so present, do not concur in a judgment, then all the 
justices qualified to sit in the cause shall hear the argument ; but to render 
a judgment a concurrence of four judges shall be necessary. In the deter- 
mination of causes, all decisions of the court in bank or in departments 
shall be given in writing, and the grounds of the decision shall be stated. 
The Chief Justice may sit in either department, and shall preside when so 
sitting, but the justices assigned to each department shall select one of their 
number as presiding justice. In case of the absence of the Chief Justice 
from the place at which the court is held, or his inability to act, the Associate 
Justices shall select one of their own number to perform the duties and ex- 
ercise the powers of the Chief Justice during such absence or inability to act. 
(§ 212, 2.) 

Justices of the Supreme Court, election of. 

Sec. 3. The Chief Justice and the Associate Justices shall be elected by 
the qualified electors of the State at large at the general State elections, at 
the time and places at which State officers are elected; and the term of 
office shall be twelve years, from and after the first Monday after the first 
day of January next succeeding their election; provided, that the six As- 
sociate Justices elected at the first election shall, at their first meeting, so 
classify themselves, by lot, that two of them shall go out of office at the end 
of four years, two of them at the end of eight years, and two of them at the 
end of twelve years, and an entry of such classification shall be made in the 
minutes of the court in bank, signed by them, and a duplicate thereof shall 
be filed in the office of the Secretary of State. If a vacancy occur in the office 
of a justice, the Governor shall appoint a person to hold the office until the 
election and qualification of a justice to fill the vacancy, which election 
shall take place at the next succeeding general election, and the justice 
so elected shall hold the office for the remainder of the unexpired term. 
The first election of the justices shall be at the first general election after the 
adoption and ratification of this Constitution. 

Jurisdiction of Supreme Court and District Courts of Appeal — Appellate 
districts. 
Sec. 4. The Supreme Court shall have appellate jurisdiction on appeal 
from the Superior Courts in all cases in equity, except such as arise in Justices' 
Courts ; also, in all cases at law which involve the title or possession of real 
estate, or the legality of any tax, impost, assessment, toll, or municipal fine, 



356 THE CONSTITUTION OF CALIFORNIA 

or in which the demand, exclusive of interest, or the value of the property 
in controversy, amounts to two thousand dollars; also, in all such pro- 
bate matters as may be provided by law; also, in questions of law 
alone, in all criminal cases where judgment of death has been rendered ; 
the said court shall also have appellate jurisdiction in all cases, matters, and 
proceedings pending before a District Court of Appeal which shall be 
ordered by the Supreme Court to be transferred to itself for hearing and de- 
cision, as hereinafter provided. The said court shall also have power to issue 
writs of mandamus, certiorari, prohibition, and habeas corpus, and all other 
writs necessary or proper to the complete exercise of its appellate jurisdiction. 
Each of the justices shall have power to issue writs of habeas corpus to any 
part of the State, upon petition by or on behalf of any person held in actual 
custody, and may make such writs returnable before himself or the Supreme 
Court, or before any District Court of Appeal, or before any judge thereof, 
or before any Superior Court in the State, or before any judge thereof. 
(§ 212, 3.) 

The State is hereby divided into three appellate districts, in each of which 
there shall be a District Court of Appeal consisting of three justices. The 
first district shall embrace the following counties: San Francisco, Marin, 
Contra Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa Cruz, 
Monterey, and San Benito. 

The second district shall embrace the following counties : Tulare, Kings, 
San Luis Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, San 
Bernardino, Orange, Riverside, and San Diego. 

The third district shall embrace the following counties: Del Norte, 
Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, 
Mendocino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, 
Sonoma, Napa, Yolo, Placer, Solano, Sacramento, Eldorado, San Joaquin, 
Amador, Calaveras, Stanislaus, Mariposa, Madera, Merced, Tuolumne, 
Alpine, and Mono. 

The Supreme Court, by orders entered in its minutes, may from time to 
time remove one or more counties from one appellate district to another, 
but no county not contiguous to another county of a district shall be added 
to such district. (§ 212, 1.) 

Said District Courts of Appeal shall hold their regular sessions respectively 
at San Francisco, Los Angeles, and Sacramento, and they shall always be 
open for the transaction of business. 

The District Courts of Appeal shall have appellate jurisdiction on appeal 
from the Superior Courts in all cases at law in which the demand, exclusive 
of interest, or the value of the property in controversy, amounts to three 
hundred dollars, and does not amount to two thousand dollars ; also, in all 
cases of forcible and unlawful entry and detainer (except such as arise in 



ARTICLE VI, SECTION 4 357 

Justices' Courts) , in proceedings in insolvency, and in actions to prevent or 
abate a nuisance; in proceedings of mandamus, certiorari, and prohibition, 
usurpation of office, contesting elections and eminent domain, and in such 
other special proceedings as may be provided by law (excepting cases in 
which appellate jurisdiction is given to the Supreme Court) ; also, on ques- 
tions of law alone, in all criminal cases prosecuted by indictment or informa- 
tion in a court of record, excepting criminal cases where judgment of death 
has been rendered. The said courts shall also have appellate jurisdiction 
in all cases, matters, and proceedings pending before the Supreme Court 
which shall be ordered by the Supreme Court to be transferred to a District 
Court of Appeal for hearing and decision. The said courts shall also have 
power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, 
and all other writs necessary or proper to the complete exercise of their 
appellate jurisdiction. Each of the justices thereof shall have power to 
issue writs of habeas corpus to any part of his appellate district upon peti- 
tion by or on behalf of any person held in actual custody, and may make 
such writs returnable before himself or the District Court of Appeal of his 
district, or before any Superior Court within his district, or before any judge 
thereof. (§ 212, 3.) 

The Supreme Court shall have power to order any cause pending before 
the Supreme Court to be heard and determined by a District Court of Appeal, 
and to order any cause pending before a District Court of Appeal to be heard 
and determined by the Supreme Court. The order last mentioned may be 
made before judgment has been pronounced by a District Court of Appeal, 
or within thirty days after such judgment shall have become final therein. 
The judgments of the District Courts of Appeal shall become final therein 
upon the expiration of thirty days after the same shall have been pronounced. 
(§ 212, 1.) 

The Supreme Court shall have power to order causes pending before a 
District Court of Appeal for one district to be transferred to the District 
Court of Appeal of another district for hearing and decision. 

The Justices of the District Courts of Appeal shall be elected by the 
qualified electors within their respective districts at the general State elec- 
tions at the times and places at which Justices of the Supreme Court are 
elected. Their terms of office and salaries shall be the same as those of 
Justices of the Supreme Court, and their salaries shall be paid by the State. 
Upon the ratification by the people of this amendment the Governor shall 
appoint nine persons to serve as Justices of the District Courts of Appeal 
until the first Monday after the first day of January in the year 1907, pro- 
vided, that not more than six of said persons shall be members of the same 
political party. At the election in the year 1906 nine of such justices shall 
be elected as above provided, and the justices of each District Court of 



358 THE CONSTITUTION OF CALIFORNIA 

Appeal shall so classify themselves by lot that one of them shall go out of 
office at the end of four years, one of them at the end of eight years, and one 
of them at the end of twelve years ; an entry of such classification shall be 
made in the minutes of the court, signed by the three justices thereof, and 
a duplicate thereof filed in the office of the Secretary of State. If any va- 
cancy occur in the office of a justice of the District Courts of Appeal, the 
Governor shall appoint a person to hold office until the election and quali- 
fication of a justice to fill the vacancy ; such election shall take place at the 
next succeeding general State election as aforesaid ; the justice then elected 
shall hold the office for the unexpired term. 

One of the justices of each of the District Courts of Appeal shall be the 
presiding justice thereof, and as such shall be appointed or elected as the 
case may be. The presence of three justices shall be necessary for the 
transaction of any business by such court, except such as may be done at 
chambers, and the concurrence of three justices shall be necessary to pro- 
nounce a judgment. 

Whenever any Justice of the Supreme Court is for any reason disqualified 
or unable to act in a cause pending before it, the remaining justices may select 
one of the justices of a District Court of Appeal to act pro tempore in the place 
of the justice so disqualified or unable to act. 

Whenever any Justice of a District Court of Appeal is for any reason dis- 
qualified or unable to act in any cause pending before it, the Supreme Court 
may appoint a Justice of the District Court of Appeal of another district, or a 
judge of a Superior Court who has not acted in the cause in the court below, 
to act pro tempore in the place of the justice so disqualified or unable to act. 

No appeal taken to the Supreme Court or to a District Court of Appeal 
shall be dismissed for the reason only that the same was not taken to the 
proper court, but the cause shall be transferred to the proper court upon such 
terms as to costs or otherwise as may be just, and shall be proceeded with 
therein as if regularly appealed thereto. 

All statutes now in force allowing, providing for, or regulating appeals to 
the Supreme Court shall apply to appeals to the District Courts of Appeal 
so far as such statutes are not inconsistent with this article and until the 
Legislature shall otherwise provide. 

The Supreme Court shall make and adopt rules not inconsistent with 
law for the government of the Supreme Court and of the District Courts 
of Appeal and of the officers thereof, and for regulating the practice in said 
courts. [As amended November 8, 1904.] 

New trial. When and how granted in criminal cases. 

Sec. \\. No judgment shall be set aside, or new trial granted in any 
criminal case on the ground of misdirection of the jury or the improper ad- 



ARTICLE VI, SECTIONS 4 H 359 

mission or rejection of evidence, or for error as to any matter of pleading or 
procedure, unless, after an examination of the entire cause, including the evi- 
dence, the court shall be of the opinion that the error complained of has 
resulted in a miscarriage of justice. [New section; adopted October 10, 
1911.} (§ 214.) 

Jurisdiction of Superior Court. 

Sec. 5. The Superior Court shall have original jurisdiction in all cases 
in equity, and in all cases at law which involve the title or possession of real 
property, or the legality of any tax, impost, assessment, toll, or municipal 
fine, and in all other cases in which the demand, exclusive of interest or the 
value of the property in controversy amounts to three hundred dollars, and 
in all criminal cases amounting to felony, and cases of misdemeanor not 
otherwise provided for; of actions of forcible entry and detainer; of pro- 
ceedings in insolvency; of actions to prevent or abate a nuisance; of all 
matters of probate ; of divorce and for annulment of marriage ; and of all 
such special cases and proceedings as are not otherwise provided for, and 
said courts shall have the power of naturalization, and to issue papers there- 
for. They shall have appellate jurisdiction in such cases arising in inferior 
courts in their respective counties as may be prescribed by law. They shall 
be always open (legal holidays and non- judicial days excepted), and their 
process shall extend to all parts of the State ; provided, that all actions for 
the recovery of the possession of, quieting the title to, or for the enforce- 
ment of liens upon real estate, shall be commenced in the county in which 
the real estate, or any part thereof, affected by such action or actions, is 
situated. Said courts, and their judges, shall have power to issue writs 
of mandamus, certiorari, prohibition, quo warranto, and habeas corpus, 
on petition by or on behalf of any person in actual custody, in their respective 
counties. Injunctions and writs of prohibition may be issued and served 
on legal holidays and non-judicial days. [As amended October 10, 1911.] 
(§ 205.) 

Superior courts — Number — Organization — Terms of office — Vacancies. 

Sec. 6. There shall be in each of the organized counties, or cities and 
counties, of the State, a Superior Court, for each of which at least one judge 
shall be elected by the qualified electors of the county, or city and county, 
at the general State election ; provided, that until otherwise ordered by the 
Legislature, only one judge shall be elected for the counties of Yuba and 
Sutter, and that in the city and county of San Francisco there shall be elected 
twelve judges of the Superior Court, any one or more of whom may hold 
court. There may be as many sessions of said court, at the same time, as 
there are judges thereof. The said judges shall choose from their own num- 
ber a presiding judge, who may be removed at their pleasure. He shall 



360 THE CONSTITUTION OF CALIFORNIA 

distribute the business of the court among the judges thereof, and prescribe 
the order of business. The judgments, orders, and proceedings of any ses- 
sion of the Superior Court, held by any one or more of the judges of said 
courts, respectively, shall be equally effectual as if all the judges of said 
respective courts presided at such session. In each of the counties of Sacra- 
mento, San Joaquin, Los Angeles, Sonoma, Santa Clara, and Alameda, there 
shall be elected two such judges. The term of office of judges of the Su- 
perior Courts shall be six years from and after the first Monday of January 
next succeeding their election; provided, that the twelve judges of the 
Superior Court, elected in the city and county of San Francisco at the first 
election held under this Constitution, shall, at their first meeting, so classify 
themselves, by lot, that four of them shall go out of office at the end of two 
years, and four of them shall go out of office at the end of four years, and four 
of them shall go out of office at the end of six years, and an entry of such 
classification shall be made in the minutes of the court, signed by them, and 
a duplicate thereof filed in the office of the Secretary of State. The first 
election of judges of the superior courts shall take place at the first general 
election held after the adoption and ratification of this Constitution. If 
a vacancy occur in the office of judge of a superior court, the Governor shall 
appoint a person to hold the office until the election and qualification of 
a judge to fill the vacancy, which election shall take place at the next suc- 
ceeding general election, and the judge so elected shall hold office for the 
remainder of the unexpired term. (§ 205.) 

Superior court sessions. 

Sec. 7. In any county, or city and county, other than the city and county 
of San Francisco, in which there shall be more than one judge of the superior 
court, the judges of such court may hold as many sessions of said court at 
the same time as there are judges thereof, and shall apportion the business 
among themselves as equally as may be. 

Superior courts — Who may try causes. 

Sec. 8. A judge of any Superior Court may hold a superior court in any 
county, at the request of a judge of the Superior Court thereof, and upon 
the request of the Governor it shall be his duty so to do. But a cause in 
the Superior Court may be tried by a judge pro tempore, who must be a 
member of the bar, agreed upon in writing by the parties litigant, or their 
attorneys of record, and sworn to try the cause and the person so selected 
shall be empowered to act in such capacity in all further proceedings in any 
suit or proceedings tried before him until the final determination thereof. 
There may be as many sessions of a superior court at the same time as there 
are judges thereof, including any judge or judges acting upon request, or 
any judge or judges pro tempore. The judgments, orders, acts and pro- 



ARTICLE VI, SECTIONS 8-n 361 

ceedings of any session of any Superior Court held by one or more judges 
acting upon request, or judge or judges pro tempore, shall be equally effective 
as if the judge or all of the judges of such court presided at such session. 
[As ameftded November 8, igio.] (§ 205.) 

Leave of absence can not be granted — Legislature may change number of 
judges. 
Sec. 9. The Legislature shall have no power to grant leave of absence 
to any judicial officer ; and any such officer who shall absent himself from 
the State for more than sixty consecutive days shall be deemed to have 
forfeited his office. The Legislature of the State may at any time, two thirds 
of the members of the Senate and two thirds of the members of the Assembly 
voting therefor, increase or diminish the number of judges of the Superior 
Court in any county, or city and county, in the State; provided, that no 
such reduction shall affect any judge who has been elected. 

Removal of judicial officers. 

Sec. 10. Justices of the Supreme Court, and of the District Courts of 
Appeal, and judges of the Superior Courts may be removed by concurrent 
resolution of both houses of the Legislature adopted by a two-thirds vote of 
each house. All other judicial officers, except justices of the peace, may be 
removed by the Senate on the recommendation of the Governor ; but no 
removal shall be made by virtue of this section unless the cause thereof 
be entered on the journal, nor unless the party complained of has been 
served with a copy of the complaint against him and shall have had an 
opportunity of being heard in his defense. On the question of removal the 
ayes and noes shall be entered on the journal. [As amended Novem- 
ber 8, 1904.] (§ 214.) 

Inferior courts. 

Sec. 11. The Legislature shall determine the number of each of the in- 
ferior courts in incorporated cities or towns, and in townships, counties, or 
cities and counties, according to the population thereof and the number of 
judges or justices thereof, and shall fix by law the powers, duties and re- 
sponsibilities of each of such courts and of the judges or justices thereof; 
provided, such powers shall not in any case, trench upon the jurisdiction of 
the several courts of record, except that the Legislature shall provide that 
said courts shall have concurrent jurisdiction with the Superior Courts in 
cases of forcible entry and detainer, where the rental value does not exceed 
twenty-five dollars per month, and where the whole amount of damages 
claimed does not exceed two hundred dollars, and in cases to enforce and 
foreclose liens on personal property when neither the amount of liens nor the 
value of the property amounts to three hundred dollars. (§ 204.) 



362 THE CONSTITUTION OF CALIFORNIA 

Courts of record. 

Sec. 12. The Supreme Court, the District Courts of Appeal, the Superior 
Courts, and such other courts as the Legislature shall prescribe, shall be 
courts of record. [As amended November 8, 1904.] (§ 214.) 

Jurisdiction of inferior courts. 

Sec. 13. The Legislature shall fix by law the jurisdiction of any inferior 
courts which may be established in pursuance of section one of this article, 
and shall fix by law the powers, duties, and responsibilities of the judges 
thereof. 

Clerks of courts — Court commissioners. 

Sec. 14. The county clerks shall be ex officio clerks of the courts of record 
in and for their respective counties or cities and counties. The Legislature 
may also provide for the appointment, by the several Superior Courts, of 
one or more commissioners in their respective counties, or cities and counties, 
with authority to perform chamber business of the judges of the Superior 
Courts, to take depositions, and to perform such other business connected 
with the administration of justice as may be prescribed by law. [As 
amended October 10, 1911.] (§ 206.) 

No judicial officer to receive fees. 

Sec. 15. No judicial officer, except court commissioners, shall receive 
to his own use any fees or perquisites of office ; provided, that justices of the 
peace now holding office shall receive to their own use such fees as are now 
allowed by law during the terms for which they have been elected. [As 
amended October 10, igu.] * 

Publication of opinions of the Supreme Court. 

Sec. 16. The Legislature shall provide for the speedy publication of 
such opinions of the Supreme Court and of the District Courts of Appeal as 
the Supreme Court may deem expedient, and all opinions shall be free for 
publication by any person. [As amended November 8, 1904.} (§ 214.) 

Salaries of Justices of the Supreme Court and District Courts of Appeal 
and of Judges of the Superior Courts. 

Sec. 17. The Justices of the Supreme Court and of the District Courts 
of Appeal, and the judges of the Superior Courts, shall severally, at stated 
times during their continuance in office, receive for their service such com- 
pensation as is or shall be provided by law. The salaries of the judges of 
the Superior Court, in all counties having but one judge, and in all counties 
in which the terms of the judges of the Superior Court expire at the same 
time, shall not hereafter be increased or diminished after their election, nor 
during the term for which they shall have been elected. Upon the adoption 
of this amendment the salaries then established by law shall be paid uni- 



ARTICLE VI, SECTIONS 17-22 . 363 

formly to the justices and judges then in office. The salaries of the Justices, 
of the Supreme Court and of the District Courts of Appeal shall be paid by 
the State. One half of the salary of each Superior Court judge shall be 
paid by the State ; and the other half thereof shall be paid by the county 
for which he is elected. On and after the first day of January, A.D. one thou- 
,and nine hundred and seven the Justices of the Supreme Court shall each 
receive an annual salary of eight thousand dollars, and the justices of the 
several District Courts of Appeal shall each receive an annual salary of seven 
thousand dollars; the said salaries to be payable monthly. [As amended 
November 6, igo6.\ 

Certain justices and judges not eligible to other than judicial offices — When. 

Sec. 18. The Justices of the Supreme Court, and of the District Courts 
of Appeal, and the judges of the Superior Courts shall be ineligible to any 
other office or public employment than a judicial office or employment 
during the term for which they shall have been elected. [.4 s amended 
November 8, 1904.] 

Charge to juries. 

Sec. 19. Judges shall not charge juries with respect to matters of fact, 
but may state the testimony and declare the law. 

Style of process. 

Sec. 20. The style of all process shall be " The People of the State of 
California," and all prosecutions shall be conducted in their name and by 
their authority. 

Clerks of Supreme Court and District Courts of Appeal, and reporters — 
How appointed. 
Sec. 21. The Supreme Court shall appoint a clerk of the Supreme Court ; 
provided, however, that any person elected to the office of clerk of the Supreme 
Court before the adoption hereof, shall continue to hold such office until 
the expiration of the term for which he may have been elected. Said court 
may also appoint a reporter and not more than three assistant reporters 
of the decisions of the Supreme Court and of the District Courts of Appeal. 
Each of the District Courts of Appeal shall appoint its own clerk. All the 
officers herein mentioned shall hold office and be removable at the pleasure 
of the courts by which they are severally appointed, and they shall receive 
such compensation as shall be prescribed by law, and discharge such duties 
as shall be prescribed by law, or by the rules or orders of the courts by which 
they are severally appointed. [As amended October 10, ign.] 

Judges not to practice law. 

Sec. 22. Xo judge of a court of record shall practice law in any court 
of this State during his continuance in office. 



364 THE CONSTITUTION OF CALIFORNIA 

Qualification of judges. 

Sec. 23. No one shall be eligible to the office of a justice of the Supreme 
Court, or of a District Court of Appeal, or of a judge of a Superior Court, 
unless he shall have been admitted to practice before the Supreme Court of 
the State. [As amended November 8, 1904.] 

Condition of receiving salary. 

Sec. 24. No judge of the Supreme Court nor of a District Court of Ap- 
peal, nor of a Superior Court, shall draw or receive any monthly salary unless 
he shall make and subscribe an affidavit before an officer entitled to ad- 
minister oaths, that no cause in his court remains pending and undecided, 
that has been submitted for decision for a period of ninety days. In the 
determination of causes all decisions of the Supreme Court and of the Dis- 
trict Courts of Appeal shall be given in writing, and the grounds of the 
decision shall be stated. When the justices of a District Court of Appeal 
are unable to concur in a judgment, they shall give their several opinions 
in writing and cause copies thereof to be forwarded to the Supreme Court. 
[As amended November 8, 1904.] 

Supreme Court Commission abolished. 

Sec. 25. The present Supreme Court Commission shall be abolished at 
the expiration of its present term of office, and no Supreme Court Commis- 
sion shall be created or provided for after January 1st, A.D. 1905. [New 
section; adopted November 8, 1904.] 



ARTICLE VII 

PARDONING POWER 
Vested in Governor. 

Section i . The Governor shall have the power to grant reprieves, pardons, 
and commutations of sentence, after conviction, for all offenses except 
treason and cases of impeachment, upon such conditions, and with such 
restrictions and limitations, as he may think proper, subject to such regula- 
tions as may be provided by law relative to the manner of applying for par- 
dons. Upon conviction for treason, the Governor shall have power to 
suspend the execution of the sentence until the case shall be reported to 
the Legislature at its next meeting, when the Legislature shall either pardon, 
direct the execution of the sentence, or grant a further reprieve. The Gov- 
ernor shall communicate to the Legislature, at the beginning of every session, 
every case of reprieve or pardon granted, stating the name of the convict, 
the crime for which he was convicted, the sentence, its date, the date of the 






ARTICLE IX, SECTIONS 1-2 365 

pardon or reprieve, and the reasons for granting the same. Neither the Gov- 
ernor nor the Legislature shall have power to grant pardons, or commutations 
of sentence, in any case where the convict had been twice convicted of a 
felony, unless upon the written recommendation of a majority of the judges 
of the Supreme Court. (§ 127, III.) 



ARTICLE VIII 

MILITIA 
Organization of. 

Section i. The Legislature shall provide, by law, for organizing and 
disciplining the militia, in such manner as it may deem expedient, not in- 
compatible with the Constitution and laws of the United States. Officers 
of the militia shall be elected or appointed in such manner as the Legislature 
shall from time to time direct, and shall be commissioned by the Governor. 
The Governor shall have power to call forth the militia to execute the laws 
of the State, to suppress insurrections, and repel invasions. (§ 127, I.) 

Flag of State militia. 

Sec. 2. All military organizations provided for by this Constitution, or 
any law of this State, and receiving State support, shall, while under arms 
either for ceremony or duty, carry no device, banner, or flag of any state or 
nation, except that of the United States or the State of California. 



ARTICLE IX 
EDUCATION 

Encouragement of education. 

Section i. A general diffusion of knowledge and intelligence being 
essential to the preservation of the rights and liberties of the people, the 
Legislature shall encourage by all suitable means the promotion of intel- 
lectual, scientific, moral, and agricultural improvement. 

Superintendent of Public Instruction. 

Sec. 2. A Superintendent of Public Instruction shall, at each guber- 
natorial election after the adoption of this Constitution, be elected by the 
qualified electors of the State. He shall receive a salary equal to that of 
the Secretary of State, and shall enter upon the duties of his office on the 
first Monday after the first day of January next succeeding his election. 
(§ 188.) 



366 THE CONSTITUTION OF CALIFORNIA 

County Superintendent of Schools. 

Sec. 3. A superintendent of schools for each county shall be elected by 
the qualified electors thereof at each gubernatorial election ; provided, that 
the Legislature may authorize two or more counties to unite and elect one 
superintendent for the counties so uniting. (§ 186.) 

State school fund. 

Sec. 4. The proceeds of all lands that have been or may be granted by 
the United States to this State for the support of common schools which 
may be, or may have been, sold or disposed of, and the five hundred thousand 
acres of land granted to the new states under an act of Congress distributing 
the proceeds of the public lands among the several states of the Union, ap- 
proved A.D. one thousand eight hundred and forty-one, and all estates of 
deceased persons who may have died without leaving a will or heir, and also 
such per cent as may be granted, or may have been granted, by Congress 
on the sale of lands in this State, shall be and remain a perpetual fund, the 
interest of which, together with all the rents of the unsold lands, and such 
other means as the Legislature may provide, shall be inviolably appro- 
priated to the support of common schools throughout the State. (§§ 190, 
137.) 

Common schools, system of. 

Sec. 5. The Legislature shall provide for a system of common schools 
by which a free school shall be kept up and supported in each district at 
least six months in every year, after the first year in which a school has been 
established. 

Public school system, and tax. 

Sec. 6. The public school system shall include day and evening ele- 
mentary schools, and such day and evening secondary schools, normal 
schools, and technical schools as may be established by the Legislature, 
or by municipal or district authority. The entire revenue derived from the 
State school fund and from the general State school tax shall be applied ex- 
clusively to the support of day and evening elementary schools ; but the 
Legislature may authorize and cause to be levied a special State school tax 
for the support of day and evening secondary schools and technical schools, 
or either of such schools, included in the public school system, and all revenue 
derived from such special tax shall be applied exclusively to the support 
of the schools for which such special tax shall be levied. [As amended 
November 3, igo8.} 

State Board of Education — Text-books — County Boards of Education. 

Sec. 7. The Legislature shall provide for the appointment or election of 
a State board of education, and said board shall provide, compile, or cause to 



ARTICLE IX, SECTIONS 7-9 367 

be compiled, and adopt, a uniform series of text-books for use in the day and 
evening elementary schools throughout the State. The State board may 
cause such text-books, when adopted, to be printed and published by the 
superintendent of State printing, at the State printing office ; and wherever 
and however such text-books may be printed and published, they shall be 
furnished and distributed by the State free of cost or any charge whatever, 
to all children attending the day and evening elementary schools of the State, 
under such conditions as the Legislature shall prescribe. The text-books, 
so adopted, shall continue in use not less than four years, without any change 
or alteration whatsoever which will require or necessitate the furnishing of 
new books to such pupils, and said State board shall perform such other 
duties as may be prescribed by law. The Legislature shall provide for a 
board of education in each county in the State. The county superintendents 
and the county boards of education shall have control of the examination 
of teachers and the granting of teachers' certificates within their respective 
jurisdictions. [As amended November 5, igi2.] (§§ 187, 189.) 

Sectarian schools — Appropriating money for, prohibited. 

Sec. 8. No public money shall ever be appropriated for the support of 
any sectarian or denominational school, or any school not under the exclusive 
control of the officers of the public schools ; nor shall any sectarian or de- 
nominational doctrine be taught, or instruction thereon be permitted, 
directly or indirectly, in any of the common schools of this State. 

University of California. 

Sec. 9. The University of California shall constitute a public trust, and 
its organization and government shall be perpetually continued in the form 
and character prescribed by the Organic Act creating the same, passed 
March twenty-third, eighteen hundred and sixty-eight (and the several 
acts amendatory thereof), subject only to such legislative control as may be 
necessary to insure compliance with the terms of its endowments, and the 
proper investment and security of its funds. It shall be entirely independent 
of all political or sectarian influence, and kept free therefrom in the appoint- 
ment of its regents, and in the administration of its affairs ; provided, that 
all the moneys derived from the sale of the public lands donated to this 
State by act of Congress, approved July second, eighteen hundred and sixty- 
two (and the several acts amendatory thereof), shall be invested as pro- 
vided by said acts of Congress, and the interest of said moneys shall be 
inviolably appropriated to the endowment, support, and maintenance 
of at least one college of agriculture, where the leading objects shall be 
(without excluding other scientific and classical studies, and including 
military tactics) , to teach such branches of learning as are related to scientific 
and practical agriculture and the mechanic arts, in accordance with the 



368 THE CONSTITUTION OF CALIFORNIA 

requirements and conditions of said acts of Congress ; and the Legislature 
shall provide that if, through neglect, misappropriation, or any other con- 
tingency, any portion of the funds so set apart shall be diminished or lost, 
the State shall replace such portion so lost or misappropriated, so that the 
principal thereof shall remain forever undiminished. No person shall be 
debarred admission to any of the collegiate departments of the University 
on account of sex. (§ 193.) 

Leland Stanford Junior University. 

Sec. 10. The trusts and estates created for the founding, endowment 
and maintenance of the Leland Stanford Junior University, under and in 
accordance with " An act to advance learning," etc., approved March ninth, 
eighteen hundred and eighty-five, by the endowment grant executed by 
Leland Stanford and Jane Lathrop Stanford on the eleventh day of Novem- 
ber, A. D. eighteen hundred and eighty-five, and recorded in liber eighty- 
three of deeds, at page twenty-three, et seq., records of Santa Clara County, 
and by the amendments of such grant, and by gifts, grants, bequests and 
devises supplementary thereto, and by confirmatory grants, are permitted, 
approved and confirmed. The board of trustees of the Leland Stanford 
Junior University, as such, or in the name of the institution, or by other 
intelligible designation of the trustees of the institution, may receive prop- 
erty, real or personal, and wherever situated, by gift, grant, devise, or 
bequest for the benefit of the institution, or of any department thereof, 
and such property, unless otherwise provided, shall be held by the trustees 
of the Leland Stanford Junior University upon the trusts provided for in 
the grant founding the university, and amendments thereof, and grants, 
bequests and devises supplementary thereto. The Legislature, by special 
act, may grant to the trustees of the Leland Stanford Junior University 
corporate powers and privileges, but it shall not thereby alter their tenure, 
or limit their powers or obligations as trustees. All property now or here- 
after held in trust for the founding, maintenance or benefit of the Leland 
Stanford Junior University, or of any department thereof, may be exempted 
by special act from state taxation, and all personal property so held, the 
Palo Alto farm as described in the endowment grant to the trustees of the 
university, and all other real property so held and used by the university 
for educational purposes exclusively, may be similarly exempted from county 
and municipal taxation; provided, that residents of California shall be 
charged no fees for tuition unless such fees be authorized by act of the 
Legislature. [New section; adopted November 6, igoo.] (§ 194.) 

California School of Mechanical Arts. 

Sec. 11. All property now or hereafter belonging to "The California 
School of Mechanical Arts," an institution founded and endowed by the 



ARTICLE X, SECTION i 369 

late James Lick to educate males and females in the practical arts of life, 
and incorporated under the laws of the State of California, November 
twenty- third, eighteen hundred and eighty-five, having its school buildings 
located in the city and county of San Francisco, shall be exempt from taxa- 
tion. The trustees of said institution must annually report their proceed- 
ings and financial accounts to the Governor. The Legislature may modify, 
suspend, and revive at will the exemption from taxation herein given. [New 
section; adopted November 6, igoo.] 

California Academy of Sciences. 

Sec. 12. All property now or hereafter belonging to the " California 
Academy of Sciences," an institution for the advancement of science and 
maintenance of a free museum, and chiefly endowed by the late James Lick, 
and incorporated under the laws of the State of California, January sixteenth, 
eighteen hundred and seventy-one, having its buildings located in the city 
and county of San Francisco, shall be exempt from taxation. The trustees 
of said institution must annually report their proceedings and financial 
accounts to the Governor. The Legislature may modify, suspend, and revive 
at will the exemption from taxation herein given. [New section; adopted 
November 8, 1904.} 

Cogswell Polytechnical College. 

Sec. 13. All property now or hereafter belonging to the Cogswell Poly- 
technical College, an institution for the advancement of learning, incor- 
porated under the laws of the State of California, and having its buildings 
located in the city and county of San Francisco, shall be exempt from taxa- 
tion. The trustees of said institution must annually report their proceedings 
and financial accounts to the Governor. The Legislature may modify, 
suspend, and revive at will the exemption from taxation herein given. 1 [New 
section; adopted November 6, igo6.] 

ARTICLE X 
STATE INSTITUTIONS AND PUBLIC BUILDINGS 

Prison Directors, appointment and term of office. 

Section i. There shall be a State Board of Prison Directors, to consist 
of five persons, to be appointed by the Governor, with the advice and con- 
sent of the Senate, who shall hold office for ten years, except that the first 
appointed shall, in such manner as the Legislature may direct, be so classified 
that the term of one person so appointed shall expire at the end of each 

■This can be done only by definite provision of the constitution. See article IV, 
section 25. 20 ; and note, pag2 386. 

CIVIL GOV. IN CAL. 24 



370 THE CONSTITUTION OF CALIFORNIA 

two years during the first ten years, and vacancies occurring shall be filled 
in like manner. The appointee to a vacancy, occurring before the expira- 
tion of a term, shall hold only for the unexpired term of his predecessor. 
The Governor shall have the power to remove either of the directors for mis- 
conduct, incompetency, or neglect of duty, after an opportunity to be heard 
upon written charges. (§ 163.) 

Powers and duties of Prison Directors. 

Sec. 2. The board of directors shall have the charge and superintendence 
of the state prisons, and shall possess such powers, and perform such duties, 
in respect to other penal and reformatory institutions of the State, as the 
Legislature may prescribe. 

Prison officers. 

Sec. 3. The board shall appoint the warden and clerk, and determine 
the other necessary officers of the prisons. The board shall have power to 
remove the wardens and clerks for misconduct, incompetency, or neglect of 
duty. All other officers and employes of the prisons shall be appointed by 
the warden thereof, and be removed at his pleasure. 

Compensation of Prison Directors. 

Sec. 4. The members of the board shall receive no compensation other 
than reasonable traveling and other expenses incurred while engaged in the 
performance of official duties, to be audited as the Legislature may direct. 

Powers and duties of board of directors and officers. 

Sec. 5. The Legislature shall pass such laws as may be necessary to 
further define and regulate the powers and duties of the board, wardens, and 
clerks, and to carry into effect the provisions of this article. 

Convict labor. 

Sec. 6. After the first day of January, eighteen hundred and eighty-two, 
the labor of convicts shall not be let out by contract to any person, copartner- 
ship, company, or corporation, and the Legislature shall, by law, provide 
for the working of convicts for the benefit of the State. (§ 163, 6.) 

ARTICLE XI 
COUNTIES, CITIES, AND TOWNS 

Existing counties recognized. 

Section i. The several counties, as they now exist, are hereby recognized 
as legal subdivisions of this State. 

County seat — Removal of. 

Sec. 2. No county seat shall be removed unless two thirds of the qualified 
electors of the county, voting on the proposition at a general election, shall 



ARTICLE XI, SECTIONS 2-5 371 

vote in favor of such removal. A proposition of removal shall not be sub- 
mitted in the same county more than once in four years. 

New counties. 

Sec. 3. The Legislature, by general and uniform laws, may provide for 
the alteration of county boundary lines, and for the formation of new counties ; 
provided, however, that no new county shall be established which shall reduce 
any county to a population of less than twenty thousand ; nor shall a new 
county be formed containing a less population than eight thousand; nor 
shall any line thereof pass within five miles of the exterior boundary of the 
city or town in which the county seat of any county proposed to be divided 
is situated. Every county which shall be enlarged or created from territory 
taken from any other county or counties, shall be liable for a just proportion 
of the existing debts and liabilities of the county or counties from which such 
territory shall be taken. [As amended November 8, igio.] (§ 33.) 

County government and township organization. 

Sec. 4. The Legislature shall establish a system of county governments 
which shall be uniform throughout the State ; and by general laws shall pro- 
vide for township organization, under which any county may organize 
whenever a majority of the qualified electors of such county, voting at a 
general election, shall so determine; and, whenever a county shall adopt 
township organization, the assessment and collection of the revenue shall 
be made, and the business of such county and the local affairs of the several 
townships therein shall be managed and transacted in the manner pre- 
scribed by such general laws. (§§ 31, 40.) 

County and township officers, juries, and compensation. 

Sec. 5. The Legislature, by general and uniform laws, shall provide 
for the election or appointment, in the several counties, of boards of super- 
visors, sheriffs, county clerks, district attorneys, and such other county, 
township, and municipal officers as public convenience may require, and shall 
prescribe their duties and fix their terms of office. It shall regulate the 
compensation of all such officers, in proportion to duties, and may also estab- 
lish fees to be charged and collected by such officers for services performed 
in their respective offices, in the manner and for the uses provided by law, 
and for this purpose may classify the counties by population ; and it shall 
provide for the strict accountability of county and township officers for all 
fees which may be collected by them, and for all public and municipal 
moneys which may be paid to them, or officially come into their possession. 
It may regulate the compensation of grand and trial jurors in all courts 
within the classes of counties herein permitted to be made ; such compensa- 
tion, however, shall not, in any class, exceed the sum of three dollars per 
day and mileage. [As amended November 3, igo8.] (§§ 35, 36, 38.) 



372 THE CONSTITUTION OF CALIFORNIA 

Municipal corporations. 

Sec. 6. Corporations for municipal purposes shall not be created by 
special laws ; but the Legislature, by general laws, shall provide for the in- 
corporation, organization, and classification, in proportion to population, 
of cities and towns, which laws may be altered, amended, or repealed. Cities 
and towns heretofore organized or incorporated may become organized 
under such general laws whenever a majority of the electors voting at a 
general election shall so determine, and shall organize in conformity there- 
with ; and cities and towns heretofore or hereafter organized, and all charters 
thereof framed or adopted by authority of this Constitution, except in mu- 
nicipal affairs, shall be subject to and controlled by general laws. [.4.? 
amended November j, i8g6.] (§ 75, 2 ; § 76.) 

Consolidation of city and county governments. 

Sec. 7. City and county governments may be merged and consolidated 
into one municipal government, with one set of officers, and may be incor- 
porated under general laws providing for the incorporation and organization 
of corporations for municipal purposes. The provisions of this Constitution 
applicable to cities, and also those applicable to counties, so far as not in- 
consistent or prohibited to cities, shall be applicable to such consolidated 
government. [As amended November 6, 18Q4.] (§ 82.) 

Charters for government of counties — Amendment of — Surrender of. 

Sec. 7|. Any county may frame a charter for its own government con- 
sistent with and subject to the Constitution (or, having framed such a charter, 
may frame a new one,) relating to the matters hereinafter in this section 
specified, and none other, by causing a board of fifteen freeholders, who 
have been for at least five years qualified electors thereof, to be elected by 
the qualified electors of said county, at a general or special election. Said 
board of freeholders may be so elected in pursuance of an ordinance adopted 
by the vote of three fifths of all the members of the board of supervisors of 
such county, declaring that the public interest requires the election of such 
board for the purpose of preparing and proposing a charter for said county, 
or in pursuance of a petition of qualified electors of said county as herein- 
after provided. Such petition, signed by fifteen per centum of the qualified 
electors of said county, computed upon the total number of votes cast therein 
for all candidates for Governor at the last preceding general election at 
which a Governor was elected, praying for the election of a board of fifteen 
freeholders to prepare and propose a charter for said county, may be filed 
in the office of the county clerk. It shall be the duty of said county clerk, 
within twenty days after the filing of said petition, to examine the same, and 
to ascertain from the record of the registration of electors of the county, 
whether said petition is signed by the requisite number of qualified elector?. 



ARTICLE XI„ SECTION 7$ 373 

If required by said clerk, the board of supervisors shall authorize him to 
employ persons specially to assist him in the work of examining such peti- 
tion, and shall provide for their compensation. Upon the completion of 
such examination, said clerk shall forthwith attach to said petition his cer- 
tificate, properly dated, showing the result thereof, and if, by said certificate, 
it shall appear that said petition is signed by the requisite number of qualified 
electors, said clerk shall immediately present said petition to the board of 
supervisors, if it be in session, otherwise at its next regular meeting after the 
date of such certificate. Upon the adoption of such ordinance, or the pres- 
entation of such petition, said board of supervisors shall order the holding 
of a special election for the purpose of electing such board of freeholders, 
which said special election shall be held not less than twenty days nor more 
than sixty days after the adoption of the ordinance aforesaid or the pres- 
entation of said petition to said board of supervisors; provided, that if 
a general election shall occur in said county not less than twenty days nor 
more than sixty days after the adoption of the ordinance aforesaid, or such 
presentation of said petition to said board of supervisors, said board of free- 
holders may be elected at such general election. Candidates for election 
as members of said board of freeholders shall be nominated by petition, 
substantially in the same manner as may be provided by general law for 
the nomination, by petition of electors, of candidates for county offices, to 
be voted for at general elections. 

It shall be the duty of said board of freeholders, within one hundred and 
twenty days after the result of such election shall have been declared by 
said board of supervisors, to prepare and propose a charter for said county, 
which shall be signed in duplicate by the members of said board of freeholders, 
or a majority of them, and be filed, one copy in the office of the county clerk 
of said county and the other in the office of the county recorder thereof. 
Said board of supervisors shall thereupon cause said proposed charter to be 
published for at least ten times in a daily newspaper of general circulation, 
printed, published and circulated in said county ; provided, that in any county 
where no such daily newspaper is printed, published and circulated, such 
proposed charter shall be published for at least three times in at least one 
weekly newspaper, of general circulation, printed, published and circulated 
in such county, and provided that in any county where neither such daily 
nor such weekly newspaper is printed, published and circulated, a copy of 
such proposed charter shall be posted by the county clerk in three public 
places in said county, and on or near the entrance to at least one public 
schoolhouse in each school district in said county, and the first publication 
or the posting of such proposed charter shall be made within fifteen days 
after the filing of a copy thereof, as aforesaid, in the office of the county clerk. 
Said proposed charter shall be submitted by said board of supervisors to the 



374 THE CONSTITUTION OF CALIFORNIA 

qualified electors of said county at a special election held not less tljan thirty 
days nor more than sixty days after the completion of such publication, or 
after such posting; provided, that if a general election shall occur in said 
county not less than thirty days nor more than sixty days after the com- 
pletion of such publication, or after such posting, then such proposed charter 
may be so submitted at such general election. If a majority of said qualified 
electors voting thereon at such general or special election, shall vote in favor 
of such proposed charter, it shall be deemed to be ratified, and shall be forth- 
with submitted to the Legislature, if it be in regular session, otherwise at its 
next regular session, or it may be submitted to the Legislature in extraordinary 
session, for its approval or rejection as a whole, without power of alteration 
or amendment. Such approval may be made by concurrent resolution, and 
if approved by a majority vote of the members elected to each house, such 
charter shall become the charter of such county and shall become the organic 
law thereof relative to the matters therein provided, and supersede any 
existing charter framed under the provisions of this section, and all amend- 
ments thereof, and shall supersede all laws inconsistent with such charter 
relative to the matters provided in such charter. A copy of such charter, 
certified and authenticated by the chairman and clerk of the board of super- 
visors under the seal of said board and attested by the county clerk of said 
county, setting forth the submission of such charter to the electors of said 
county, and its ratification by them, shall, after the approval of such charter 
by the Legislature, be made in duplicate, and filed, one in the office of the 
Secretary of State and the other, after being recorded in the office of the 
recorder of said county, shall be filed in the office of the county clerk thereof, 
and thereafter all courts shall take judicial notice of said charter. 

The charter, so ratified, may be amended by proposals therefor submitted 
by the board of supervisors of the county to the qualified electors thereof 
at a general or special election held not less than thirty days nor more than 
sixty days after the publication of such proposals for ten times in a daily 
newspaper of general circulation, printed, published and circulated in said 
county, provided that in any county where no such daily newspaper is printed, 
published and circulated, such proposed charter shall be published for at 
least three times in at least one weekly newspaper, of general circulation 
printed, published and circulated in such county; provided, that in any 
county where neither such daily nor such weekly newspaper is printed, 
published and circulated, a copy of such proposed charter shall be posted 
by the county clerk in three public places in said county, and on or near 
the entrance to at least one public schoolhouse in each school district in 
said county. If a majority of such qualified electors voting thereon, at 
such general or special election, shall vote in favor of any such proposed 
amendment or amendments, or any amendment or amendments proposed 



ARTICLE XI, SECTION 7 h 375 

by petition as hereinafter provided, such amendment or amendments 
shall be deemed to be ratified, and shall be forthwith submitted to the 
Legislature, if it be in regular session, otherwise at its next regular ses- 
sion, or may be submitted to the Legislature in extraordinary session, for 
approval or rejection as a whole, without power of alteration or amendment, 
and if approved by the Legislature, as herein provided for the approval of 
the charter, such charter shall be amended accordingly. A copy of such 
amendment or amendments shall, after the approval thereof by the Legis- 
lature, be made in duplicate, and shall be authenticated, certified, recorded 
and filed as herein provided for the charter, and with like force and effect. 
Whenever a petition signed by ten per centum of the qualified electors of 
any county, computed upon the total number of votes cast in said county for 
all candidates for Governor at the last general election, at which a Governor 
was elected, is filed in the office of the county clerk of said county, petitioning 
the board of supervisors thereof to submit any proposed amendment or 
amendments to the charter of such county, which amendment or amendments 
shall be set forth in full in such petition, to the qualified electors thereof, such 
petition shall forthwith be examined and certified by the county clerk, and if 
signed by the requisite number of qualified electors of such county, shall be 
presented to the said board of supervisors, by the said county clerk, as herein- 
before provided for petitions for the election of boards of freeholders. Upon 
the presentation of said petition to said board of supervisors, said board 
must submit the amendment or amendments set forth therein to the qualified 
electors of said county at a general or special election held not less than thirty 
days nor more than sixty days after the publication or posting of such pro- 
posed amendment or amendments in the same manner as hereinbefore 
provided in the case of the submission of any proposed amendment or amend- 
ments to such charter, proposed and submitted by the board of supervisors. 
In submitting any such charter, or amendments thereto, any alternative 
article or proposition may be presented for the choice of the electors, and may 
be voted on separately without prejudice to others. 

Every special election held under the provisions of this section, for the elec- 
tion of boards of freeholders or for the submission of proposed charters, or 
any amendment or amendments thereto, shall be called by the board of super- 
visors, by ordinance, which shall specify the purpose and time of such elec- 
tion and shall establish the election precincts and designate the polling places 
therein, and the names of the election officers for each such precinct. Such 
ordinance, prior to such election, shall be published five times in a daily news- 
paper, or twice in a weekly newspaper, if there be no such daily newspaper, 
printed, published and circulated in said county; provided, that if no such 
daily or weekly newspaper be printed or published in such county, then a 
copy of such ordinance shall be posted by the county clerk in three public 



376 THE CONSTITUTION OF CALIFORNIA 

places in such county and in or near the entrance to at least one public 
schoolhouse in each school district therein. In all other respects, every such 
election shall be held and conducted, the returns thereof canvassed and the 
result thereof declared by the board of supervisors in the same manner as 
provided by law for general elections. Whenever boards of freeholders shall 
be elected, or any such proposed charter, or amendment or amendments 
thereto, submitted, at a general election, the general laws applicable to 
the election of county officers and the submission of propositions to the 
vote of electors, shall be followed in so far as the same may be applicable 
thereto. 

It shall be competent, in all charters framed under the authority given 
by this section, to provide, in addition to any other provisions allowable by 
this Constitution, and the same shall provide, for the following matters : 

i. For boards of supervisors and for the constitution, regulation and 
government thereof, for the times at which and the terms for which the 
members of said board shall be elected, for the number of members, not less 
than three, that shall constitute such boards, for their compensation and 
for their election, either by the electors of the counties at large or by dis- 
tricts ; provided, that in any event said board shall consist of one member 
for each district, who must be a qualified elector thereof ; and 

2. For sheriffs, county clerks, treasurers, recorders, license collectors, tax 
collectors, public administrators, coroners, surveyors, district attorneys, 
auditors, assessors and superintendents of schools, for the election or ap- 
pointment of said officers, or any of them, for the times at which and the 
terms for which, said officers shall be elected or appointed, and for their 
compensation, or for the fixing of such compensation by boards of super- 
visors, and, if appointed, for the manner of their appointment ; and 

3. For the number of justices of the peace and constables for each town- 
ship, or for the number of such judges and other officers of such inferior 
courts as may be provided by the Constitution or general law, for the election 
or appointment of said officers, for the times at which and the terms for which 
said officers shall be elected or appointed, and for their compensation, or for 
the fixing of such compensation by boards of supervisors, and if appointed, 
for the manner of their appointment ; and 

4. For the powers and duties of boards of supervisors and all other county 
officers, tfor their removal and for the consolidation and segregation of county 
offices, and for the manner of filling all vacancies occurring therein ; provided, 
that the provisions of such charters relating to the powers and duties of 
boards of supervisors and all other county officers shall be subject to and 
controlled by general laws ; and 

5. For the fixing and regulation by boards of supervisors, by ordinance, of 
the appointment and number of assistants, deputies, clerks, attaches and 



ARTICLE XI, SECTION 7* 377 

other persons to be employed, from time to time, in the several offices of the 
county, and for the prescribing and regulating by such boards of the powers, 
duties, qualifications and compensation of such persons, the times at which, 
and the terms for which they shall be appointed, and the manner of their 
appointment and removal ; and 

6. For the compensation of such fish and game wardens, probation and 
other officers as may be provided by general law, or for the fixing of such 
compensation by boards of supervisors. 

All elective officers of counties, and of townships, of road districts and of 
highway construction divisions therein shall be nominated and elected in 
the manner provided by general laws for the nomination and election of such 
officers. 

All charters framed under the authority given by this section, in addition 
to the matters herein above specified, may provide as follows : 

For offices other than those required by the Constitution and laws of the 
State, or for the creation of any or all of such offices by boards of super- 
visors, for the election or appointment of persons to fill such offices, for the 
manner of such appointment, for the times at which and the terms for which 
such persons shall be so elected or appointed, and for their compensation, 
or for the fixing of such compensation by boards of supervisors. 

For offices hereafter created by this Constitution or by general law, for 
the election or appointment of persons to fill such offices, for the manner of 
such appointment, for the times at which and the terms for which such per- 
sons shall be so elected or appointed, and for their compensation, or for the 
fixing of such compensation by boards of supervisors. 

For the formation, in such counties, of road districts for the care, main- 
tenance, repair, inspection and supervision only of roads, highways and 
bridges ; and for the formation, in such counties, of highway construction 
divisions for the construction only of roads, highways and bridges ; for the 
inclusion in any such district or division, of the whole or any part of any in- 
corporated city or town, upon ordinance passed by such incorporated city 
or town authorizing the same, and upon the assent to such inclusion by a 
majority of the qualified electors of such incorporated city or town, or por- 
tion thereof, proposed to be so included, at an election held for that purpose ; 
for the organization, government, powers and jurisdiction of such districts 
and divisions, and for raising revenue therein, for such purposes, by taxation, 
upon the assent of a majority of the qualified electors of such districts or 
divisions, voting at an election to be held for that purpose ; for the incurring 
of indebtedness therefor by such counties, districts or divisions for such 
purposes respectively, by the issuance and sale, by the counties, of bonds of 
such counties, districts or divisions, and the expenditure of the proceeds of 
the sale of such bonds, and for levying and collecting taxes against the 



378 THE CONSTITUTION OF CALIFORNIA 

property of the counties, districts or divisions, as the case may be, for the 
payment of the principal and interest of such indebtedness at maturity ; 
provided, that any such indebtedness shall not be incurred without the assent 
of two thirds of the qualified electors of the county, district or division, as 
the case may be, voting at an election to be held for that purpose, nor unless 
before or at the time of incurring such indebtedness provision shall be made 
for the collection of an annual tax sufficient to pay the interest on such 
indebtedness as it falls due, and also for a sinking fund for the payment of 
the principal thereof on or before maturity, which shall not exceed forty 
years from the time of contracting the same, and the procedure for voting, 
issuing and selling such bonds shall, except in so far as the same shall be 
prescribed in such charters, conform to general laws for the authorizing 
and incurring by counties of bonded indebtedness, so far as applicable; 
provided, further, that provisions in such charters for the construction, care, 
maintenance, repair, inspection and supervision of roads, highways and 
bridges for which aid from the state is granted, shall be subject to such 
regulations and conditions as may be imposed by the Legislature. 

Whenever any county has framed and adopted a charter, and the same 
shall have been approved by the Legislature, as herein provided, the 
general laws adopted by the Legislature in pursuance of sections four and 
five of this article, shall, as to such county, be superseded by said charter 
as to matters for which, under this section it is competent to make provision 
in such charter, and for which provision is made therein, except as herein 
otherwise expressly provide.d, and except that any such charter shall not 
affect the tenure of office of the elective officers of the county, or of any 
district, township or division thereof, in office at the time such charter goes 
into effect, and such officers shall continue to hold their respective offices 
until the expiration of the term for which they shall have been elected, unless 
sooner removed in the manner provided by law. 

The charter of any county, ' adopted under the authority of this section, 
may be surrendered and annulled with the assent of two thirds of the qualified 
electors of such county, voting at a special election, held for that purpose, 
and to be ordered and called by the board of supervisors of the county upon 
receiving a written petition, signed and certified as hereinabove provided 
for the purposes of the adoption of charters, requesting said board to sub- 
mit the question of the surrender and annulment of such. charter to the 
qualified electors of such county, and, in the event of the surrender and an- 
nulment of any such charter, such county shall thereafter be governed under 
general laws in force for the government of counties. 

The provisions of this section shall not be applicable to any county 
that is consolidated with any city. [New section; adopted October 10, 1911.] 
(§§ 40, 71.) 



ARTICLE XI, SECTION 8 379 

Charters of cities and amendments thereto. 

Sec. 8. Any city containing a population of more than three thousand 
five hundred inhabitants as ascertained and established by the last preceding 
census, taken under the direction of the Congress of the United States, or 
by a census of said city, taken, subsequent to the aforesaid census, under the 
direction of the legislative body thereof, under laws authorizing the taking 
of the census of cities, may frame a charter for its own government, con- 
sistent with, and subject to, the Constitution, (or, having framed such a 
charter, may frame a new one) , by causing a board of fifteen freeholders, who 
shall have been, for at least five years, qualified electors thereof, to be elected by 
the qualified electors of said city, at a general or special municipal election. 
Said board of freeholders may be so elected in pursuance of an ordinance 
adopted by a vote of two thirds of all the members of the council, or other 
legislative body, of such city, declaring that the public interest requires the 
election of such board for the purpose of preparing and proposing a charter 
for said city, or in pursuance of a petition of qualified electors of said city, 
as hereinafter provided. Such petition, signed by fifteen per centum of the 
qualified electors of said city computed upon the total number of votes cast 
therein for all candidates for Governor at the last preceding general election 
at which a Governor was elected, praying for the election of a board of fifteen 
freeholders to prepare and propose a charter for said city, may be filed in the 
office of the city clerk thereof. It shall be the duty of said city clerk, within 
twenty days after the filing of said petition, to examine the same and to 
ascertain from the record of the registration of electors of the county, showing 
the registration of electors of said city, whether the petition is signed by the 
requisite number of qualified electors of such city. If required by said clerk, 
the council, or other legislative body, of said city shall authorize him to 
employ persons specially to assist him in the work of examining such peti- 
tion, and shall provide for their compensation. Upon the completion of 
such examination, said clerk shall forthwith attach to said petition his 
certificate, properly dated, showing the result thereof, and if, by said cer- 
tificate, it shall appear that said petition is signed by the requisite number 
of qualified electors, said clerk shall present the said petition to said council, 
or other legislative body, at its next regular meeting after the date of such 
certificate. Upon the adoption of such ordinance, or the presentation of such 
petition, said council, or other legislative body, shall order the holding of 
a special election for the purpose of electing such board of freeholders, which 
said special election shall be held not less than twenty days, nor more than 
sixty days, after the adoption of the ordinance aforesaid, or the presentation 
of said petition to said council, or other legislative body; provided, that if 
a general municipal election shall occur in said city not less than twenty 
days, nor more than sixty days, after the adoption of the ordinance aforesaid, 



380 THE CONSTITUTION OF CALIFORNIA 

or the presentation of said petition to said council, or other legislative body, 
said board of freeholders may be elected at such general municipal election. 
Candidates for election as members of said board of freeholders shall be 
nominated by petition, substantially in the same manner as may be provided 
by general laws for the nomination by petition of electors of candidates for 
public offices to be voted for at general elections. 

It shall be the duty of said board of freeholders, within one hundred and 
twenty days after the result of such election shall have been declared by 
said council, or other legislative body, to prepare and propose a charter for 
said city, which shall be signed in duplicate by the members of said board 
of freeholders, or a majority of them, and be filed, one copy in the office of 
the city clerk of said city, and the other in the office of the county 
recorder of the county in which said city is situated. Said council, or 
other legislative body, shall, thereupon, cause said proposed charter to be 
published for at least ten times, in a daily newspaper of general circulation, 
printed, published and circulated in said city; provided, that in any city 
where no such daily newspaper is printed, published and circulated, such 
proposed charter shall be published, for at least three times, in at least one 
weekly newspaper of general circulation, printed, published and circulated 
in said city, and, in any event, the first publication of such proposed charter 
shall be made within fifteen days after the filing of a copy thereof, as aforesaid, 
in the office of the city clerk. Such proposed charter shall be submitted by 
said council, or other legislative body, to the qualified electors of said city, 
at a special election held not less than twenty days, nor more than forty days, 
after the completion of such publication ; provided, that if a general municipal 
election shall occur in said city not less than twenty days, nor more than 
forty days, after the completion of such publication, then such proposed 
charter may be so submitted at such general election. If a majority of such 
qualified electors voting thereon at such general or special election shall vote 
in favor of such proposed charter, it shall be deemed to be ratified, and shall 
be submitted to the Legislature, if it be in regular session, otherwise at its 
next regular session, or it may be submitted to the Legislature in extraor- 
dinary session, for its approval or rejection as a whole, without power of 
alteration or amendment. Such approval may be made by concurrent res- 
olution, and if approved by a majority vote of the members elected to each 
house, such charter shall become the charter of such city, or, if such city 
be consolidated with a county, then of such city and county, and shall be- 
come the organic law thereof, and supersede any existing charter, (whether 
framed under the provisions of this section of the Constitution or not,) 
and all amendments thereof, and all laws inconsistent with such charter. 
A copy of such charter, certified by the mayor, or other chief executive officer 
of said city, and authenticated under the seal of such city, setting forth the 






ARTICLE XI, SECTION 8 381 

submission of such charter to the electors of said city, and its ratification by 
them, shall, after the approval of such charter by the Legislature, be made 
in duplicate and deposited, one in the office of the Secretary of State and the 
other, after being recorded in the office of the recorder of the county in which 
such city is situated, shall be deposited in the archives of the city, and there- 
after all courts shall take judicial notice of said charter. 

The charter, so ratified, may be amended by proposals therefor submitted 
by the council, or other legislative body of the city, to the qualified electors 
thereof at a general or special municipal election held at intervals of not less 
than two years (except that charter amendments may be submitted at a 
general municipal election at an interval of less than two years after the last 
election on charter amendments, provided that no other election on charter 
amendments has been held since the beginning of the last regular session of 
the State Legislature or "shall be held prior to the next regular session of the 
State Legislature), and held not less than twenty days, nor more than forty 
days, after the completion of the publication of such proposals for ten times 
in a daily newspaper of general circulation, printed, published and circulated 
in said city, or for three times in at least one weekly newspaper of general 
circulation, printed, published and circulated in said city, if there be no 
such daily newspaper. If a majority of such qualified electors voting thereon 
at such general or special election shall vote in favor of any such proposed 
amendment or amendments, or any amendment or amendments proposed by 
petition, as hereinafter provided, such amendment or amendments shall be 
deemed to be ratified, and shall be forthwith submitted to the Legislature, 
if it be in regular session, otherwise at its next regular session, or may be 
submitted to the Legislature in extraordinary session, for approval or re- 
jection as a whole, without power of alteration or amendment, and if ap- 
proved by the Legislature, as herein provided for the approval of the charter, 
such charter shall be amended accordingly. A copy of such amendment or 
amendments shall, after the approval thereof by the Legislature, be made in 
duplicate, and shall be authenticated, certified, recorded and filed as herein 
provided for the charter, and with like force and effect. Whenever a peti- 
tion signed by fifteen per centum of the qualified electors of the city, com- 
puted upon the total number of votes cast therein for all candidates for 
Governor at the last preceding general election at which a Governor was 
elected, is filed in the office of the city clerk of said city, petitioning the coun- 
cil, or other legislative body thereof, to submit any proposed amendment or 
amendments to the charter of such city, which amendment or amendments 
shall be set forth in full in such petition, to the qualified electors thereof, 
such petition shall forthwith be examined and certified by the city clerk, and 
if signed by the requisite number of qualified electors of said city, it shall be 
presented to the said council, or other legislative body, by the said city clerk. 



382 THE CONSTITUTION OF CALIFORNIA 

as hereinbefore provided for petitions for the election of boards of freeholders. 
Upon the presentation of said petition to said council, or other legislative 
body, said council, or other legislative body, must submit the amendment 
or amendments set forth in said petition to the qualified electors of said city, 
at a general or special municipal election, held not less than twenty, nor more 
than forty, days after the completion of the publication of such proposed 
amendment or amendments, in the same manner as hereinbefore provided 
in the case of the submission of any proposed amendment or amendments 
to such charter, proposed and submitted by the council, or other legislative 
body. The first publication of any proposed amendment or amendments 
to such charter so proposed by petition shall be made within fifteen days 
after the aforesaid presentation of said petition to said council, or other 
legislative body. In submitting any such charter, amendment or amend- 
ments thereto, any alternative article or proposition may be presented for 
the choice of the electors, and may be voted on separately without prejudice 
to others. 

Every special election held in any city under the provisions of this section, 
for the election of a board of freeholders, or for the submission of any pro- 
posed charter or any amendment or amendments thereto, shall be called by 
the council, or other legislative body thereof, by ordinance, which shall specify 
the purpose and time of such election, and shall establish the election pre- 
cincts and designate the polling places therein, and the names of the election 
officers for each such precinct. Such ordinance shall, prior to such election, 
be published five times in a daily newspaper, or twice in a weekly newspaper, 
if there be no such daily newspaper printed, published and circulated in 
said city. Such election shall be held and conducted, the returns thereof 
canvassed, and the result thereof declared by the council, or other legislative 
body of such city, in the manner that is now or may be hereafter provided 
by general law for such elections in the particulars wherein such provision 
is now or may hereafter be made therefor, and in all other respects in the 
manner provided by law for general municipal elections, in so far as the same 
may be applicable thereto. 

Whenever any board of freeholders shall be elected, or any such proposed 
charter or amendment or amendments thereto shall be submitted at a general 
municipal election, the laws governing the election of city officers or the sub- 
mission of propositions to the vote of electors, shall be followed in so far as 
the same may be applicable thereto and not inconsistent herewith. 

It shall be competent in any charter framed by any city under the au- 
thority given in this section, or by amendment to such charter, to provide, 
in addition to those provisions allowed by this Constitution and by the laws 
of the State, for the establishment of a borough system of government for 
the whole or any part of the territory of such city, by which one or more 



ARTICLE XI, SECTIONS 8-8| 383 

districts may be created therein, which districts shall be known as boroughs, 
and which shall exercise such special municipal powers as may be granted 
by such charter, and for the organization, regulation, government and juris- 
diction of such boroughs. 

All the provisions of this section relating to the city clerk shall, in any 
city and county, be deemed to relate to the clerk of the legislative body 
thereof. [As amended October 10, 1911.] (§ 75, 3-) 

Charter of city and county of San Francisco — Amendment in aid of Panama- 
Pacific International Exposition. 

Sec. 8a. 1 

Powers conferred on municipalities by charter. 

Sec. 8|. It shall be competent, in all charters framed under the au- 
thority given by section eight of article XI of this Constitution, to provide, 
in addition to those provisions allowable by this Constitution and by the 
laws of the State, as follows : 

1. For the constitution, regulation, government, and jurisdiction of 
police courts, and for the manner in which, the times at which, and the terms 
for which the judges of such courts shall be elected or appointed, and for 
the qualifications and compensation of said judges and of their clerks and 
attaches. 

2. For the manner in which, the times at which, and the terms for which 
the members of boards of education shall be elected or appointed, for their 
qualifications, compensation and removal, and for the number which shall 
constitute any one of such boards. 

3. For the manner in which, the times at which, and the terms for which 
the members of the boards of police commissioners shall be elected or ap- 
pointed ; and for the constitution, regulation, compensation, and government 
of such boards and of the municipal police force. 

4. For the manner in which and the times at which any municipal elec- 
tion shall be held and the result thereof determined ; for the manner in which, 
the times at which, and the terms for which the members of all boards of 
election shall be elected or appointed, and for the constitution, regulation, 
compensation and government of such boards, and of their clerks and attaches ; 
and for all expenses incident to the holding of any election. 

Where a city and county government has been merged and consolidated 
into one municipal government, it shall also be competent, in any charter 
framed under said section eight of said article XI, or by amendment thereto, 
to provide for the manner in which, the times at which and the terms for 

1 Section 8a is omitted. It was adopted in igio to permit San Francisco to amend 
her charter in certain particulars, in order to prepare for the Panama-Pacific Exposi- 
tion, without submitting said amendments to the legislature. 



384 THE CONSTITUTION OF CALIFORNIA 

which the several county and municipal officers and employes whose com- 
pensation is paid by such city and county, excepting judges of the Superior 
Court, shall be elected or appointed, and for their recall and removal, and 
for their compensation, and for the number of deputies, clerks and other 
employes that each shall have, and for the compensation, method of ap- 
pointment, qualifications, tenure of office and removal of such deputies, clerks 
and other employes. All provisions of any charter of any such consolidated 
city and county heretofore adopted, and amendments thereto, which are in 
accordance herewith, are hereby confirmed and declared valid. [First 
adopted i8g6, amended October 10, iqii.] (§91.) 

Compensation and term of officers not to be increased, when. 

Sec. 9. The compensation of any county, city, town, or municipal officer 
shall not be increased after his election or during his term of office ; nor shall 
the term of any such officer be extended beyond the period for which he 
is elected or appointed. 

Not to be released from taxes. 

Sec. 10. [Repealed November 8, igio.] 

Local laws. 

Sec. 11. Any county, city, town, or township may make and enforce 
within its limits all such local, police, sanitary, and other regulations as are 
not in conflict with general laws. (§ 24.) 

Legislature not to impose taxes on. 

Sec. 12. The Legislature shall have no power to impose taxes upon 
counties, cities, towns, or other public or municipal corporations, or upon the 
inhabitants or property thereof, for county, city, town, or other municipal 
purposes, but may, by general laws, vest in the corporate authorities thereof 
the power to assess and collect taxes for such purposes. 1 

Municipal power not granted by Legislature. 

Sec. 13. The Legislature shall not delegate to any special commission, 
private corporation, company, association, or individual, any power to 
make, control, appropriate, supervise, or in any way interfere with, any 
county, city, town, or municipal improvement, money, property, or effects, 
whether held in trust or otherwise, or to levy taxes or assessments, or per- 
form any municipal functions whatever. 

State, county, and municipal bonds. 

Sec. 13^. Nothing in this Constitution contained shall be construed as 
prohibiting the State or any county, city and county, city, town, municipality, 

1 Section 1 2 is one of a number of parts of the constitution that favor local self- 
government. See also sections 6, 7^, 8, n, and 13 of article XI; and subdivisions 
7, 9, 21, 27, and 28 of section 25, article IV. 



ARTICLE XI, SECTIONS I3f-i6§ 385 

or other public corporation, issuing bonds under the laws of the State, to 
make said bonds payable at any place within the United States designated 
in said bonds. 1 [New section; adopted November 6, 1906.] 

Merchandise — Inspection of, etc. 

Sec. 14. The Legislature may by general and uniform laws provide for 
the inspection, measurement and graduation of merchandise, manufactured 
articles and commodities, and may provide for the appointment of such 
officers as may be necessary for such inspection, measurement and gradua- 
tion. [.4s amended October 10, 1911.] 

Private property not to be sold for corporate debt. 

Sec. 15. Private property shall not be taken or sold for the payment 
of the corporate debt of any political or municipal corporation. (§ 68.) 

Moneys to be immediately deposited with treasurer. 

Sec. 16. All moneys, assessments, and taxes belonging to or collected 
for the use of any county, city, town, or other public or municipal corporation, 
coming into the hands of any officer thereof, shall immediately be deposited 
with the treasurer, or other legal depositary, to the credit of such city, 
town, or other corporation respectively, for the benefit of the funds to which 
they respectively belong. 

Deposit of moneys belonging to State, county or municipality. 

Sec. i6£. All moneys belonging to the State, or to any county or munici- 
pality within this State, may be deposited in any national bank or banks 
within this State, or in any bank or banks organized under the laws of this 
State, in such manner and under such conditions as may be provided by law ; 
provided, that such bank or banks in which such moneys are deposited shall 
furnish as security for such deposits, bonds of the United States, or of this 
State or of any county, municipality or school district, within this State, or 
of any irrigation district within this State, to be approved by the officer or 
officers designated by law, to an amount in value of at least ten per cent in 
excess of the amount of such deposit; and provided, that such bank or 
banks shall pay a reasonable rate of interest, not less than two per cent per 
annum on the daily balances therein deposited ; and provided, that no de- 
posit shall at any one time exceed fifty per cent of the paid-up capital stock 
of such depository bank or banks; and provided, further, that no officer 
shall deposit at one time more than twenty per cent of such public moneys 
available for deposit in any bank while there are other qualified banks re- 
questing such deposits. [As amended November 5, 191 2.] 

1 This section was adopted to make it easy for any California city, or other public 
corporation, to borrow money in the East after the earthquake in 1906. 

CIVIL GOV. IN CAL. 2< 



386 THE CONSTITUTION OF CALIFORNIA 

Public funds not to be used for private profit. 

Sec. 17. The making of profit out of county, city, town, or other public 
money, or using the same for any purpose not authorized by law, by any 
officer having the possession or control thereof, shall be a felony, and shall 
be prosecuted and punished as prescribed by law. 

Annual debt not to exceed annual income — exceptions. 

Sec. 18. No county, city, town, township, board of education or school 
district, shall incur any indebtedness or liability in any manner or for any 
purpose exceeding in any year the income and revenue provided for such 
year, without the assent of two thirds of the qualified electors thereof, vot- 
ing at an election to be held for that purpose, nor unless before or at the time 
of incurring such indebtedness provision shall be made for the collection 
of an annual tax sufficient to pay the interest on such indebtedness as it falls 
due, and also provision to constitute a sinking fund for the payment of the 
principal thereof on or before maturity, which shall not exceed forty years 
from the time of contracting the same ; provided, however, that the city and 
county of San Francisco may at any time pay the unpaid claims, with in- 
terest thereon at the rate of five per cent per annum, for materials furnished 
to and work done for said city and county during the forty-first, forty- 
second, forty-third, forty-fourth, and fiftieth fiscal years, and for unpaid 
teachers' salaries for the fiftieth fiscal year, out of the income and revenue 
of any succeeding year or years, the amount to be paid in full of said claims 
not to exceed in the aggregate the sum of five hundred thousand dollars, 
and that no statute of limitations shall apply in any manner to these claims ; 
and provided further, that the city of Vallejo, of Solano County, may pay its 
existing indebtedness incurred in the construction of its waterworks when- 
ever two thirds of the electors thereof voting at an election held for that pur- 
pose shall so decide, and that no statute of limitations shall apply in any 
manner. Any indebtedness or liability incurred contrary to this provision, 
with the exceptions hereinbefore recited, shall be void. [As amended 
November 6, iqoo.] 

Section 18 amended by adding the following, adopted November 6, iqo6: 
The city and county of San Francisco, the city of San Jose and the town of 
Santa Clara may make provision for a sinking fund, to pay the principal 
of any indebtedness incurred, or to be hereafter incurred, by it, to commence 
at a time after the incurring of such indebtedness of not more than a period 
of one fourth of the time of maturity of such indebtedness, which shall not 
exceed seventy-five years from the time of contracting the same. Any in- 
debtedness incurred contrary to any provision of this section shall be void. 1 

1 This section lays down two general rules : (1) that no public corporation in the 
state may incur any indebtedness in any year that cannot be paid out of the ordinary 



ARTICLE XII, SECTIONS 1-3 387 

Use of streets for gas and water pipes. 

Sec. 19. Any municipal corporation may establish and operate public 
works for supplying its inhabitants with light, water, power, heat, trans- 
portation, telephone service or other means of communication. Such works 
may be acquired by original construction or by the purchase of existing 
works, including their franchises, or both. Persons or corporations may es- 
tablish and operate works for supplying the inhabitants with such services 
upon such conditions and under such regulations as the municipality may 
prescribe under its organic law, on condition that the municipal government 
shall have the right to regulate the charges thereof. A municipal corpora- 
tion may furnish such services to inhabitants outside its boundaries; pro- 
vided, that it shall not furnish any service to the inhabitants of any other 
municipality owning or operating works supplying the same service to such 
inhabitants, without the consent of such other municipality, expressed by 
ordinance. [As amended October 10, ign.] (§ 105.) 



ARTICLE XII 
CORPORATIONS 

Corporations, how formed. 

Section i. Corporations may be formed under general laws, but shall 
not be created by special act. All laws now in force in this State concern- 
ing corporations, and all laws that may be hereafter passed pursuant to 
this section, may be altered from time to time or repealed. (§ 19, 1.) 

Corporations, dues from. 

Sec. 2. Dues from corporations shall be secured by such individual lia- 
bility of the corporators and other means as may be prescribed by law. 

Corporation stockholders and directors, liability of. 

Sec. 3. Each stockholder of a corporation, or joint-stock association, 
shall be individually and personally liable for such proportion of all its debts 
and liabilities contracted or incurred, during the time he was a stockholder, 

revenues for the year, unless authorized by a two-thirds vote at an election called 
for the purpose ; and (2) that proper provision shall be made for the payment of the 
principal and interest of all such debts, and that no debt shall run for a longer time 
than forty years. 

The balance of the section contains certain exceptions to these general rules which 
are of importance only to the cities affected. It should be observed that the people 
of California, by amending the constitution, may indulge in special legislation with- 
out limit ; a power which the legislature does not possess. 



388 THE CONSTITUTION OF CALIFORNIA 

as the amount of stock or shares owned by him bears to the whole of the sub- 
scribed capital stock, or shares of the corporation or association. The di- 
rectors or trustees of corporations and joint-stock associations shall be jointly 
and severally liable to the creditors and stockholders for all moneys embezzled 
or misappropriated by the officers of such corporation or joint-stock associa- 
tion, during the term of office of such director or trustee. 

Nothing in the preceding paragraph of this section shall be held to apply 
to any exposition company organized to promote and carry on any interna- 
tional exposition or world's fair within the State of California, and the lia- 
bility of stockholders in any such exposition company shall be and the same 
is hereby limited to an amount not exceeding the par value of the stock of 
said corporation subscribed for by such stockholders. [As amended Novem- 
ber 3, 1908.] 

Corporations, what they include. 

Sec. 4. The term corporations, as used in this article, shall be construed 
to include all associations and joint-stock companies having any of the powers 
or privileges of corporations not possessed by individuals or partnerships; 
and all corporations shall have the right to sue and shall be subject to be 
sued, in all courts, in like cases as natural persons. (§ 19.) 

Banking corporations. 

Sec. 5. The Legislature shall have no power to pass any act granting 
any charter for banking purposes, but corporations or associations may be 
formed for such purposes under general laws, and the Legislature shall pro- 
vide for the classification of cities and towns by population for the purpose 
of regulating the business of banking. No corporation, association, or 
individual shall issue or put in circulation, as money, anything but the law- 
ful money of the United States. [-4s amended November 8, igio.] 

Existing charters, invalid in certain cases. 

Sec. 6. All existing charters, grants, franchises, special or exclusive 
privileges, under which an actual and bona fide organization shall not have 
taken place, and business been commenced in good faith, at the time of the 
adoption of this Constitution, shall thereafter have no validity. 

Franchises or charters not to be extended by Legislature — Extension of 
corporate existence. 
Sec. 7. The Legislature shall not extend any franchise or charter, nor 
remit the forfeiture of any franchise or charter of any quasi-public corpora- 
tion now existing or which shall hereafter exist under the laws of this State. 
The term of existence of any other corporation now or hereafter existing 
under the laws of this State, may be extended, at any time prior to the ex- 
piration of its corporate existence, for a period not exceeding fifty years from 



ARTICLE XII, SECTIONS 7-12 389 

the date of such extension, by the vote or written consent of stockholders 
representing two thirds of its capital stock or of two thirds of the members 
thereof. A certificate of such vote or consent shall be signed and sworn to 
by the president and secretary, and by a majority of the directors of the cor- 
poration and filed and certified in the manner and upon payment of fees 
required by law for filing and certifying articles of incorporation, and there- 
upon the term of the corporation shall be extended for the period specified 
in such certificate, and such corporation shall thereafter pay all annual or 
other fees required by law to be paid by corporations. [As amended 
November 3, 1908.] (§ 19, 3.) 
Corporate property subject to eminent domain. 

Sec. 8. The exercise of the right of eminent domain shall never be so 
abridged or construed as to prevent the Legislature from taking the property 
and franchises of incorporated companies and subjecting them to public use 
the same as the property of individuals, and the exercise of the police power 
of the State shall never be so abridged or construed as to permit corpora- 
tions to conduct their business in such manner as to infringe the rights of 
individuals or the general well-being of the State. 
Limitation on business of corporations. 

Sec. 9. No corporation shall engage in any business other than that ex- 
pressly authorized in its charter, or the law under which it may have been 
or may hereafter be organized ; nor shall it hold for a longer period than five 
years any real estate except such as may be necessary for carrying on its 
business. (§ 20.) 
Liabilities not released by transfer of franchise. 

Sec. 10. The Legislature shall not pass any laws permitting the leasing 
or alienation of any franchise, so as to relieve the franchise or property held 
thereunder from the liabilities of the lessor or grantor, lessee or grantee, 
contracted or incurred in the operation, use or enjoyment of such franchise, 
or any of its privileges. 
Issuance of stock. 

Sec. 11. No corporation shall issue stock or bonds, except for money 
paid, labor done, or property actually received, and all fictitious increase of 
stock or indebtedness shall be void. The stock and bonded indebtedness, 
of corporations shall not be increased except in pursuance of general law 
nor without the consent of the persons holding the larger amount in value of 
the stock at a meeting called for that purpose, giving sixty days' public 
notice, as may be provided by law. (§ 20.) 
Elections for directors. 

Sec. 12. In all elections for directors or managers of corporations every 
stockholder shall have the right to vote, in person or by proxy, the number 



390 THE CONSTITUTION OF CALIFORNIA 

of shares of stock owned by him for as many persons as there are directors 
or managers to be elected, or to cumulate said shares and give one candidate 
as many votes as the number of directors multiplied by the number of his 
shares of stock shall equal, or to distribute them, on the same principle, 
among as many candidates as he shall think fit ; and such directors or man- 
agers shall not be elected in any other manner, except that members of 
cooperative societies formed for agricultural, mercantile, and manufactur- 
ing purposes, may vote on all questions affecting such societies in the 
manner prescribed by law. 

State credit not to be loaned. 

Sec. 13. The State shall not in any manner loan its credit, nor shall it 
subscribe to, or be interested in the stock of any company, association, or 
corporation. 

Corporations must maintain a place of business. 

Sec. 14. Every corporation other than religious, educational, or benev- 
olent, organized or doing business in this State, shall have and maintain 
an office or place in this State for the transaction of its business, where trans- 
fers of stock shall be made, and in which shall be kept, for inspection by 
every person having an interest therein, and legislative committees, books in 
which shall be recorded the amount of capital stock subscribed, and by 
whom; the names of the owners of its stock, and the amounts owned by 
them respectively ; the amount of stock paid in, and by whom ; the trans- 
fers of stock; the amount of its assets and liabilities, and the names and 
place of residence of its officers. 

Foreign corporations. 

Sec. 15. No corporation organized outside the limits of this State shall 
be allowed to transact business within this State on more favorable con- 
ditions than are prescribed by law to similar corporations organized under 
the laws of this State. 

Corporations may be sued, where. 

Sec. 16. A corporation or association may be sued in the county where 
the contract is made or is to be performed, or where the obligation .or 
liability arises, or the breach occurs ; or in the county where the principal 
place of business of such corporation is situated, subject to the power of 
the court to change the place of trial, as in other cases . 

Common carriers. 

Sec. 17. All railroad, canal, and other transportation companies are 
declared to be common carriers, and subject to legislative control. Any 
association or corporation, organized for the purpose, under the laws of this 
State, shall have the right to connect at the State line with railroads of other 



ARTICLE XII, SECTIONS 17-21 391 

States. Every railroad company shall have the right with its road to in- 
tersect, connect with, or cross any other railroad, and shall receive and 
transport each the other's passengers, tonnage, and cars, without delay or 
discrimination. 

Limit on interest of an officer or agent. 

Sec. 18. No president, director, officer, agent, or employe of any rail- 
road or canal company shall be interested, directly or indirectly, in the fur- 
nishing of material or supplies to such company, nor in the business of trans- 
portation as a common carrier of freight or passengers over the works owned, 
leased, controlled, or worked by such company, except such interest in the 
business of transportation as lawfully flows from the ownership of stock 
therein. 

Public officers not to receive passes. 

Sec. 19. No railroad or other transportation company shall grant free 
passes, or passes or tickets at a discount, to any person holding any office 
of honor, trust, or profit in this State ; and the acceptance of any such pass 
or ticket, by a member of the Legislature or any public officer, other than 
Railroad Commissioner, shall work a forfeiture of his office. 

Railroads or other common carriers — Increase of rates by, etc. 

Sec. 20. No railroad or other transportation company shall raise any 
rate of charge for the transportation of freight or passengers or any charge 
connected therewith or incidental thereto, under any circumstances whatso- 
ever, except upon a showing before the railroad commission provided for in 
this Constitution, that such increase is justified, and the decision of the 
said commission upon the showing so made shall not be subject to review 
by any court except upon the question whether such decision of the com- 
mission will result in confiscation of property. [As amended October 10, 
ign.] (§ 140, 1.) 

Railroads and other transportation companies — Discrimination forbidden. 

Sec. 21. No discrimination in charges or facilities for transportation 
shall be made by any railroad or other transportation company between 
places or persons, or in the facilities for the transportation of the same classes 
of freight or passengers within this State. It shall be unlawful for any rail- 
road or other transportation company to charge or receive any greater com- 
pensation in the aggregate for the transportation of passengers or of like 
kind of property for a shorter than for a longer distance over the same line 
or route in the same direction, the shorter being included within the longer 
distance, or to charge any greater compensation as a through rate than the 
aggregate of the intermediate rates. Provided, however, that upon appli- 
cation to the Railroad Commission provided for in this Constitution such 



392 



THE CONSTITUTION OF CALIFORNIA 



company may, in special cases, after investigation, be authorized by such 
commission to charge less for longer than for shorter distances for the trans- 
portation of persons or property and the Railroad Commission may from time 
to time prescribe the extent to which such company may be relieved from 
the prohibition to charge less for the longer than for the shorter haul. The 
Railroad Commission shall have power to authorize the issuance of excur- 
sion and commutation tickets at special rates. Nothing herein contained 
shall be construed to prevent the Railroad Commission from ordering and 
compelling any railroad or other transportation company to make reparation 
to any shipper on account of the rates charged to said shipper being exces- 
sive or discriminatory, provided no discrimination will result from such rep- 
aration. [As amended October 10, iqii.] (§ 140, 4.) 

Railroad Commission, powers and duties. 

Sec. 22. There is hereby created a Railroad Commission which shall 
consist of five members and which shall be known as the Railroad Commission 
of the State of California. The commission shall be appointed by the 
Governor from the State at large ; provided, that the Legislature, in its dis- 
cretion, may divide the State into districts for the purpose of such appoint- 
ments, said districts to be as nearly equal in population as practicable; 
and provided further that the three commissioners in office at the time this 
section takes effect shall serve out the term for which they were elected, 
and that two additional commissioners shall be appointed by the Governor 
immediately after the adoption of this section, to hold office during the same 
term. Upon the expiration of said term, the term of office of each com- 
missioner thereafter shall be six years, except the commissioners first ap- 
pointed hereunder after such expiration, one of whom shall be appointed 
to hold office until January 1, 191 7, two until January 1, 19 19, and two until 
January 1, 192 1. Whenever a vacancy in the office of commissioner shall 
occur, the Governor shall forthwith appoint a qualified person to fill the 
same for the unexpired term. Commissioners appointed for regular terms 
shall, at the beginning of the term for which they are appointed, and those 
appointed to fill vacancies, shall, immediately upon their appointment, 
enter upon the duties of their offices. The Legislature shall fix the salaries 
of the commissioners, but pending such action the salaries of the commis- 
sioners, their officers and employes shall remain as now fixed by law. The 
Legislature shall have the power, by a two-thirds vote of all members elected 
to each house, to remove any one or more of said commissioners from office 
for dereliction of duty or corruption or incompetency. All of said com- 
missioners shall be qualified electors of this State, and no person in the em- 
ploy of or holding any official relation to any person, firm or corporation, 
which said person, firm or corporation is subject to regulation by said Rail- 



ARTICLE XII, SECTION 22 393 

road Commission and no person owning stock or bonds of any such corpora- 
tion or who is in any manner pecuniarily interested therein, shall be ap- 
pointed to or hold the office of railroad commissioner. No vacancy in the 
commission shall impair the right of the remaining commissioners to exer- 
cise all the powers of the commission. The act of a majority of the com- 
missioners when in session as a board shall be deemed to be the act of the 
commission; but any investigation, inquiry or hearing which the commis- 
sion has power to undertake or to hold may be undertaken or held by or 
before any commissioner designated for the purpose by the commission, 
and every order made by a commissioner so designated, pursuant to such 
inquiry, investigation or hearing, when approved or confirmed by the com- 
mission and ordered filed in its office, shall be deemed to be the order of 
the commission. 

Said commission shall have~ the power to establish rates of charges for 
the transportation of passengers and freight by railroads and other trans- 
portation companies, and no railroad or other transportation company shall 
charge or demand or collect or receive a greater or less or different compensa- 
tion for such transportation of passengers or freight, or for any service in 
connection therewith, between the points named in any tariff of rates, es- 
tablished by said commission than the rates, fares and charges which are 
specified in such tariff. The commission shall have the further power to 
examine books, records and papers of all railroad and other transportation 
companies; to hear and determine complaints against railroad and other 
transportation companies ; to issue subpoenas and all necessary process 
and send for persons and papers ; and the commission and each of the com- 
missioners shall have the power to administer oaths, take testimony and 
punish for contempt in the same manner and to the same extent as courts 
of record ; the commission may prescribe a uniform system of accounts to 
be kept by all railroad and other transportation companies. 

Xo provision of this Constitution shall be construed as a limitation upon 
the authority of the Legislature to confer upon the Railroad Commission 
additional powers of the same kind or different from those conferred herein 
which are not inconsistent with the powers conferred upon the Railroad Com- 
mission in this Constitution, and the authority of the Legislature to confer 
such additional powers is expressly declared to be plenary and unlimited 
by any provision of this Constitution. 

The provisions of this section shall not be construed to repeal in whole or 
in part any existing law not inconsistent herewith, and the " Railroad Com- 
mission Act " of this State approved February 10, 191 1, shall be construed 
with reference to this constitutional provision and any other constitutional 
provision becoming operative concurrently herewith. And the said act 
shall have the same force and effect as if the same had been passed after 



394 THE CONSTITUTION OF CALIFORNIA 

the adoption of this provision of the Constitution and of all other pro- 
visions adopted concurrently herewith, except that the three commissioners 
referred to in said act shall be held and construed to be the five commis- 
sioners provided for herein. [As amended October 10, ign.] (§ 140.) 

Public Utilities — Supervision and regulation of. 

Sec. 23. Every private corporation, and every individual or association 
of individuals, owning, operating, managing, or controlling any commercial 
railroad, interurban railroad, street railroad, canal, pipe line, plant, or equip- 
ment, or any part of such railroad, canal, pipe line, plant or equipment 
within this State, for the transportation or conveyance of passengers, or 
express matter, or freight of any kind, including crude oil, or for the trans- 
mission of telephone or telegraph messages, or for the production, generation, 
transmission, delivery or furnishing of heat, light, water or power or for the 
furnishing of storage or wharfage facilities, either directly or indirectly, to 
or for the public, and every common carrier, is hereby declared to be a public 
utility subject to such control and regulation by the Railroad Commission 
as may be provided by the Legislature, and every class of private corpora- 
tions, individuals, or associations of individuals hereafter declared by the 
Legislature to be public utilities shall likewise be subject to such control 
and regulation. The Railroad Commission shall have and exercise such 
power and jurisdiction to supervise and regulate public utilities, in the State 
of California, and to fix the rates to be charged for commodities furnished, or 
services rendered by public utilities as shall be conferred upon it by the 
Legislature, and the right of the Legislature to confer powers upon the Rail- 
road Commission respecting public utilities is hereby declared to be plenary 
and to be unlimited by any provision of this Constitution. 

From and after the passage by the Legislature of laws conferring powers 
upon the Railroad Commission respecting public utilities, all powers respect- 
ing such public utilities vested in boards of supervisors, or municipal councils 
or other governing bodies of the several counties, cities and counties, cities 
and towns, in this State, or in any commission created by law and existing 
at the time of the passage of such laws, shall cease so far as such powers 
shall conflict with the powers so conferred upon the Railroad Commission ; 
provided, however, that this section shall not affect such powers of control 
over any public utility vested in any city and county, or incorporated city 
or town as, at an election to be held pursuant to laws to be passed hereafter 
by the Legislature, a majority of the qualified electors voting thereon of such 
city and county, or incorporated city or town, shall vote to retain, and until 
such election such powers shall continue unimpaired; but if the vote so 
taken shall not favor the continuation of such powers they shall thereafter 
vest in the Railroad Commission as provided by law ; and provided, further 



ARTICLE XIII, SECTIONS i-i| 39$ 

that where any such city and county or incorporated city or town shall have 
elected to continue any powers respecting public utilities, it may, by vote 
of a majority of its qualified electors voting thereon, thereafter surrender 
such powers to the Railroad Commission in the manner to be prescribed by 
the Legislature ; or if such municipal corporation shall have surrendered any 
powers to the Railroad Commission, it may, by like vote, thereafter reinvest 
itself with such power. Nothing in this section shall be construed as a limi- 
tation upon any power conferred upon the Railroad Commission by any pro- 
vision of this Constitution now existing or adopted concurrently herewith. 
[As amended October 10, 1911.] (§ 140, 5.) 

Legislature to enforce this article. 

Sec. 24. The Legislature shall pass all laws necessary for the enforce- 
ment of the provisions of this article. 



ARTICLE XIII 
REVENUE AND TAXATION 

Property to be taxed according to value — Exempting mortgages. 

Section i. All property in the State except as otherwise in this Con- 
stitution provided, not exempt under the laws of the United States, shall be 
taxed in proportion to its value, to be ascertained as provided by law, or as 
hereinafter provided, The word " property," as used in this article and 
section, is hereby declared to include moneys, credits, bonds, stocks, dues, 
franchises, and all other matters and things, real, personal, and mixed, 
capable of private ownership; provided, that a mortgage, deed of trust, 
contract, or other obligation by which a debt is secured when land is pledged 
as security for the payment thereof, together with the money represented 
by such debt, shall not be considered property subject to taxation; and 
further provided, that property used for free public libraries and free museums, 
growing crops, property used exclusively for public schools, and such as 
may belong to the United States, this State, or to any county or municipal 
corporation within this State shall be exempt from taxation. The Legis- 
lature may provide, except in the case of credits secured by mortgage or 
trust deed, for a deduction from credits of debts due to bona fide residents 
of this State. [As amended November 8, igio.] 

Exemption from taxation — Soldiers, sailors, etc. 

Sec. i\. The property to the amount of one thousand dollars of every 
resident in this State who has served in the army, navy, marine corps, or 
revenue marine service of the United States in time of war, and received an 



396 THE CONSTITUTION OF CALIFORNIA 

honorable discharge therefrom; or lacking such amount of property in his 
own name, so much of the property of the wife of any such person as shall 
be necessary to equal said amount; and property to the amount of one 
thousand dollars of the widow resident in this State, or if there be no such 
widow, of the widowed mother resident in this State, of every person who 
has so served and has died either during his term of service or after receiving 
honorable discharge from said service; and the property to the amount of 
one thousand dollars of pensioned widows, fathers, and mothers, resident in 
this State, of soldiers, sailors, and marines who served in the army, navy, or 
marine corps, or revenue marine service of the United States, shall be exempt 
from taxation ; provided, that this exemption shall not apply to any person 
named herein owning property of the value of five thousand dollars or more, 
or where the wife of such soldier or sailor owns property of the value of five 
thousand dollars or more. No exemption shall be made under the provi- 
sions of this act of the property of a person who is not a legal resident of 
the State. [New section; adopted October 10, ign.] 

Churches exempt from taxation. 

Sec. i^. All buildings, and so much of the real property on which they 
are situated as may be required for the convenient use and occupation of 
said buildings, when the same are used solely and exclusively for religious 
worship, shall be free from taxation ; provided, that no building so used which 
may be rented for religious purposes and rent received by the owner therefor, 
shall be exempt from taxation. [New section; adopted November 6, igoo.] 

State, county, city and district bonds exempt from taxation. 

Sec. if. All bonds hereafter issued by the State of California, or by any 
county, city and county, municipal corporation, or district (including school, 
reclamation, and irrigation districts) within said State, shall be free and 
exempt from taxation. [New section; adopted November 4, IQ02.] 

Land and improvements to be separately assessed. 

Sec. 2. Land, and the improvements thereon, shall be separately assessed. 
Cultivated and uncultivated land, of the same quality, and similarly situated, 
shall be assessed at the same value. 

Assessment of tracts of land sectionized by U. S. Government. 

Sec. 3. Every tract of land containing more than six hundred and forty 
acres and which has been sectionized by the United States Government, 
shall be assessed, for the purposes of taxation, by sections or fractions of 
sections. The Legislature shall provide by law for the assessment, in small 
tracts, of all lands not sectionized by the United States Government. 

Taxation of mortgages and securities. 

Sec. 4. [Repealed November 8, igio.\ 



ARTICLE XIH, SECTIONS 5-9 397 

Contract to pay tax on borrowed money, void. 

Sec. 5. [Repealed November 6, igo6.\ 

Power of taxation not to be impaired. 

Sec. 6. The power of taxation shall never be surrendered or suspended 
by any grant or contract to which the State shall be a party. 

Payment of taxes by installments. 

Sec. 7. The Legislature shall have the power to provide by law for the 
payment of all taxes on real property by installments. (§ 46.) 

Taxpayer to make statement to county assessor. 

Sec. 8. The Legislature shall by law require each taxpayer in this State 
to make and deliver to the county assessor, annually, a statement, under 
oath, setting forth specifically all the real and personal property owned by 
such taxpayer, or in his possession, or under his control, at twelve o'clock 
meridian, on the first Monday of March. 

State and county boards of equalization. 

Sec. 9. A State Board of Equalization, consisting of one member from 
each congressional district in this State, as the same existed in eighteen 
hundred and seventy-nine, shall be elected by the qualified electors of their 
respective districts at the general election to be held in the year one thousand 
eight hundred and eighty-six, and at each gubernatorial election thereafter, 
whose term of office shall be for four years, whose duty it shall be to equalize 
the valuation of the taxable property in the several counties of the State for 
the purposes of taxation. The Controller of State shall be ex officio a mem- 
ber of the board. The boards of supervisors of the several counties of the 
State shall constitute Boards of Equalization for their respective counties, 
whose duty it shall be to equalize the valuation of the taxable property in the' 
county for the purpose of taxation ; provided, such State and County Boards 
of Equalization are hereby authorized and empowered, under such rules of 
notice as the county boards may prescribe as to the county assessments, 
and under such rules of notice as the State Board may prescribe as to the 
action of the State Board, to increase or lower the entire assessment roll, 
or any assessment contained therein, so as to equalize the assessment of the 
property contained in said assessment roll, and make the assessment con- 
form to the true value in money of the property contained in said roll; 
provided, that no Board of Equalization shall raise any mortgage, deed of 
trust, contract, or other obligation by which a debt is secured, money, or 
solvent credits, above its face value. The present State Board of Equali- 
zation shall continue in office until their successors, as herein provided for, 
shall be elected and shall qualify. The Legislature shall have power to 
redistrict the State into four districts, as nearly equal in population as prac- 



398 THE CONSTITUTION OF CALIFORNIA 

tical, and to provide for the election of members of said Board of Equali- 
zation. [As amended November 4, 1884.] (§§ 42, 4; 132 ; Appendix B, IV.) 

Property, where assessed. 

Sec. 10. All property, except as otherwise in this Constitution provided, 
shall be assessed in the county, city, city and county, town or township, or 
district in which it is situated, in the manner prescribed by law. [As 
amended November 8, igio.] 

Personal property exempt from taxation. 

Sec. 10^. The personal property of every householder to the amount of 
one hundred dollars, the articles to be selected by each householder, shall be 
exempt from taxation. [New section; adopted November 8, 1904.] 

Income taxes. 

Sec. 11. Income taxes may be assessed to and collected from persons, 
corporations, joint-stock associations, or companies resident or doing busi- 
ness in this State, or any one or more of them, in such cases and amounts, and 
in such manner, as shall be prescribed by law. 

Poll tax. 

Sec. 12. The Legislature shall provide for the levy and collection of an 
annual poll tax of not less than two dollars on every male inhabitant of this 
State, over twenty-one and under sixty years of age, except paupers, idiots, 
insane persons, and Indians not taxed. Said tax shall be paid into the State 
school fund. (§§45,2; 130; 131; 190.) 

Young trees and vines exempt from taxation. 

Sec. i2|. Fruit and nut-bearing trees under the age of four years from 
the time of planting in orchard form, and grapevines under the age of three 
years from the time of planting in vineyard form, shall be exempt from taxa- 
tion, and nothing in this article shall be construed as subjecting such trees 
and grapevines to taxation. [New section; adopted November 6, 1894.] 

Legislature to pass laws to enforce taxation. 

Sec. 13. The Legislature shall pass all laws necessary to carry out the 
provisions of this article. 

Taxation — Separation of State and local taxation of public service and 
other corporations. 

Sec. 14. Taxes levied, assessed and collected as hereinafter provided upon 
railroads, including street railways, whether operated in one or more counties ; 
sleeping car, dining car, drawing-room car and palace car companies, re- 
frigerator, oil, stock, fruit, and other car-loaning and other car companies 
operating upon railroads in this State; companies doing express business 
on any railroad, steamboat, vessel or stage line in this State ; telegraph com- 



ARTICLE XIII, SECTION 14 399 

panies; telephone companies; companies engaged in the transmission or 
sale of gas or electricity ; insurance companies ; banks, banking associations, 
savings and loan societies, and trust companies; and taxes upon all fran- 
chises of every kind and nature, shall be entirely and exclusively for State 
purposes, and shall be levied, assessed and collected in the manner herein- 
after provided. The word " companies " as used in this section shall in- 
clude persons, partnerships, joint-stock associations, companies, and cor- 
porations. 

(a) All railroad companies, including street railways, whether operated 
in one or more counties ; all sleeping car, dining car, drawing-room car, and 
palace car companies, all refrigerator, oil, stock, fruit and other car-loaning 
and other car companies, operating upon the railroads in this State; all 
companies doing express business on any railroad, steamboat, vessel or stage 
line in this State ; all telegraph and telephone companies ; and all companies 
engaged in the transmission or sale of gas or electricity shall annually pay 
to the State a tax upon their franchises, roadways, roadbeds, rails, rolling 
stock, poles, wires, pipes, canals, conduits, rights of way, and other property, 
or any part thereof, used exclusively in the operation of their business in 
this State, computed as follows : Said tax shall be equal to the percentages 
hereinafter fixed upon the gross receipts from operation of such companies 
and each thereof within this State. When such companies are operating 
partly within and partly without this State, the gross receipts within this 
State shall be deemed to be all receipts on business beginning and ending 
within this State, and a proportion, based upon the proportion of the mileage 
within this State to the entire mileage over which such business is done, of 
receipts on all business passing through, into, or out of this State. 

The percentages above mentioned shall be as follows : On all railroad 
companies, including street railways, four per cent; on all sleeping car, 
dining car, drawing-room car, palace car companies, refrigerator, oil, stock, 
fruit and other car-loaning and other car companies, three per cent ; on all 
companies doing express business on any railroad, steamboat, vessel or stage 
line, two per cent; on all telegraph and telephone companies, three and 
one half per cent ; on all companies engaged in the transmission or sale of 
gas or electricity, four per cent. 1 Such taxes shall be in lieu of all other 
taxes and licenses, state, county and municipal, upon the property above 
enumerated of such companies except as otherwise in this section provided ; 
provided, that nothing herein shall be construed to release any such company 
from the payment of any amount agreed to be paid or required by law to be 

1 These percentages were changed by the legislature of 1913 so that they now 
are respectively : 4! per cent ; 4 per cent ; 2 per cent (no change) ; 4I per cenf ; 
4f per cent. 



400 THE CONSTITUTION OF CALIFORNIA 

paid for any special privilege or franchise granted by any of the municipal 
authorities of this State. 

(b) Every insurance company or association doing business in this State 
shall annually pay to the State a tax of one and one half per cent x upon the 
amount of the gross premiums received upon its business done in this State, 
less return premiums and reinsurance in companies or associations authorized 
to do business in this State ; provided, that there shall be deducted from said 
one and one half per cent upon the gross premiums the amount of any county 
and municipal taxes paid by such companies on real estate owned by them 
in this State. This tax shall be in lieu of all other taxes and licenses, state, 
county and municipal, upon the property of such companies, except county 
and municipal taxes on real estate, and except as otherwise in this section 
provided ; provided, that when by the laws of any other State or country, any 
taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or 
other obligations or prohibitions, are imposed on insurance companies of 
this State, doing business in such other State or country, or upon their agents 
therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of 
money, or of securities, or other obligations or prohibitions, imposed upon 
insurance companies of such other State or country, so long as such laws con- 
tinue in force, the same obligations and prohibitions of whatsoever kind may 
be imposed by the Legislature upon insurance companies of such other State 
or country doing business in this State. 

(c) The shares of capital stock of all banks, organized under the laws of 
this State, or of the United States, or of any other State and located in this 
State, shall be assessed and taxed to the owners or holders thereof by the 
State Board of Equalization, in the manner to be prescribed by law, in the 
city or town where the bank is located and not elsewhere. There shall be 
levied and assessed upon such shares of capital stock an annual tax, payable 
to the State, of one per centum upon the value thereof. The value of each 
share of stock in each bank, except such as are in liquidation, shall be taken 
to be the amount paid in thereon, together with its pro rata of the accumu- 
lated surplus and undivided profits. The value of each share of stock in 
each bank which is in liquidation shall be taken to be its pro rata of the actual 
assets of such bank. This tax shall be in lieu of all other taxes and licenses, 
state, county and municipal, upon such shares of stock and upon the prop- 
erty of such banks, except county and municipal taxes on real estate and 
except as otherwise in this section provided. In determining the value of 
the capital stock of any bank there shall be deducted from the value, as 
defined above, the value, as assessed for county taxes, of any real estate, 
other than mortgage interests therein, owned by such bank and taxed for 

1 Changed to i| per cent by the legislature of 1913. 



ARTICLE XIII, SECTION 14 401 

county purposes. The banks shall be liable to the State for this tax and the 
same shall be paid to the State by them on behalf of the stockholders in the 
manner and at the time prescribed by law, and they shall have a lien upon 
the shares of stock and upon any dividends declared thereon to secure the 
amount so paid. 

The moneyed capital, reserve, surplus, undivided profits and all other 
property belonging to unincorporated banks or bankers of this State, or held 
by any bank located in this State which has no shares of capital stock, or 
employed in this State by any branches, agencies, or other representatives 
of any banks doing business outside of the State of California, shall be like- 
wise assessed and taxed to such banks or bankers by the said Board of 
Equalization, in the manner to be provided by law, and taxed at the same 
rate that is levied upon the shares of capital stock of incorporated banks, 
as provided in the first paragraph of this subdivision. The value of said 
property shall be determined by taking the entire property invested in such 
business, together with all the reserve, surplus, and undivided profits, at their 
full cash value, and deducting therefrom the value as assessed for county 
taxes of any real estate other than mortgage interests therein, owned by 
such bank and taxed for county purposes. Such taxes shall be in lieu of 
all other taxes and licenses, state, county and municipal, upon the property 
of the banks and bankers mentioned in this paragraph, except county and 
municipal taxes on real estate and except as otherwise in this section pro- 
vided. It is the intention of this paragraph that all moneyed capital and 
property of the banks and bankers mentioned in this paragraph shall be as- 
sessed and taxed at the same rate as an incorporated bank, provided for 
in the first paragraph of this subdivision. In determining the value of the 
moneyed capital and property of the banks and bankers mentioned in this 
subdivision, the said State Board of Equalization shall include and assess to 
such banks all property and everything of value owned or held by them, 
which go to make up the value of the capital stock of such banks and bankers, 
if the same were incorporated and had shares of capital stock. 

The word " banks " as used in this subdivision shall include banking as- 
sociations, savings and loan societies and trust companies, but shall not in- 
clude building and loan associations. 

(d) All franchises, other than those expressly provided for in this section, 
shall be assessed at their actual cash value, in the manner to be provided 
by law, and shall be taxed at the rate of one per centum each year, and the 
taxes collected thereon shall be exclusively for the benefit of the State. 

(e) Out of the revenues from the taxes provided for in this section, to- 
gether with all other state revenues, there shall be first set apart the moneys 
to be applied by the state to the support of the public school system and the 
state university. In the event that the above named revenues are at any 

CIVIL GOV. IN CAL. 26 



402 THE CONSTITUTION OF CALIFORNIA 

time deemed insufficient to meet the annual expenditures of the State, in- 
cluding the above named expenditures for educational purposes, there may 
be levied, in the manner to be provided by law, a tax, for state purposes, 
on all the property in the State, including the classes of property enumerated 
in this section, sufficient to meet the deficiency. All property enumerated 
in subdivisions a, b, and d of this section shall be subject to taxation, in the 
manner provided by law, to pay the principal and interest of any bonded 
indebtedness created and outstanding by any city, city and county, county, 
town, township or district, before the adoption of this section. The taxes 
so paid for principal and interest on such bonded indebtedness shall be 
deducted from the total amount paid in taxes for state purposes. 

(/) All the provisions of this section shall be self-executing, and the legislature 
shall pass all laws necessary to carry this section into effect, and shall provide 
for a valuation and assessment of the property enumerated in this section, 
and shall prescribe the duties of the State Board of Equalization and any 
other officers in connection with the administration thereof. The rates of 
taxation fixed in this section shall remain in force until changed by the 
Legislature, two thirds of all the members elected to each of the two houses 
voting in favor thereof. The taxes herein provided for shall become a lien 
on the first Monday in March of each year after the adoption of this section 
and shall become due and payable on the first Monday in July thereafter. 
The gross receipts and gross premiums herein mentioned shall be computed 
for the year ending the thirty-first day of December prior to the levy of such 
taxes and the value of any property mentioned herein shall be fixed as of the 
first Monday in March. Nothing herein contained shall affect any tax 
levied or assessed prior to the adoption of this section ; and all laws in relation 
to such taxes in force at the time of the adoption of this section shall remain 
in force until changed by the Legislature. Until the year 1918 the State 
shall reimburse any and all counties which sustain loss of revenue by the 
withdrawal of railroad property from county taxation for the net loss in 
county revenue occasioned by the withdrawal of railroad property from 
county taxation. The Legislature shall provide for reimbursement from the 
general funds of any county to districts therein where loss is occasioned in 
such districts by the withdrawal from local taxation of property taxed for 
state purposes only. 

(g) No injunction shall ever issue in any suit, action or proceeding in any 
court against this State or against any officer thereof to prevent or enjoin the 
collection of any tax levied under the provisions of this section ; but after 
payment action may be maintained to recover any tax illegally collected in 
such manner and at such time as may now or hereafter be provided by law. 
[New section; adopted November 8, igio.] (§§ 130, 131, 132, 133, 134.) 






ARTICLE XV, SECTION i 403 



ARTICLE XTV 
WATER AND WATER RIGHTS 

Subject to control of State. 

Section i. The use of all water now appropriated, or that may hereafter 
be appropriated, for sale, rental, or distribution, is hereby declared to be a 
public use, and subject to the regulation and control of the State, in the man- 
ner to be prescribed by law ; provided, that the rates or compensation to be 
collected by any person, company, or corporation in this State, for the ust 
of water supplied to any city and county, or city or town, or the inhabitants 
thereof, shall be fixed annually, by the board of supervisors, or city and 
county, or city or town council, or other governing body of such city and 
county, or city or town, by ordinance or otherwise, in the manner that other 
ordinances or legislative acts or resolutions are passed by such body, and 
shall continue in force for one year and no longer. Such ordinances or res- 
olutions shall be passed in the month of February of each year, and take 
effect on the first day of July thereafter. Any board or body failing to paw 
the necessary ordinances or resolutions fixing water rates, where necessary, 
within such time, shall be subject to peremptory process, to compel action 
at the suit of any party interested, and shall be liable to such further processes 
and penalties as the Legislature may prescribe. Any person, company, or 
corporation collecting water rates in any city and county, or city or town in 
this State, otherwise than as so established, shall forfeit the franchises and 
waterworks of such person, company, or corporation, to the city and county, 
or city or town where the same are collected, for the public use. 

Right to collect rates is a franchise. 

Sec. 2. The right to collect rates or compensation for the use of water 
supplied to any county, city and county, or town, or the inhabitants thereof, 
is a franchise, and can not be exercised except by authority of and in the 
manner prescribed by law. 



ARTICLE XV 

HARBOR FRONTAGES, ETC. 

Right of the State to frontage. 

Section i. The right of eminent domain is hereby declared to exist in 
the State to all frontages on the navigable waters of this State. 



404 THE CONSTITUTION OF CALIFORNIA 

Access to navigable waters. 

Sec. 2. No individual, partnership, or corporation, claiming or possess- 
ing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other 
navigable water in this State, shall be permitted to exclude the right of way 
to such water whenever it is required for any public purpose, nor to destroy 
or obstruct the free navigation of such water ; and the Legislature shall 
enact such laws as will give the most liberal construction to this provision, 
so that access to the navigable waters of this State shall be always 
attainable for the people thereof. 

Tide lands. 

Sec. 3. All tide lands within two miles of any incorporated city or town 
in this State, and fronting on the waters of any harbor, estuary, bay, or inlet 
used for the purposes of navigation, shall be withheld from grant or sale to 
private persons, partnerships, or corporations. 1 (§ 137, 2.) 



ARTICLE XVI 
STATE INDEBTEDNESS 

Liability exceeding three hundred thousand dollars, how created. 

Section i. The Legislature shall not, in any manner create any debt 
or debts, liability or liabilities, which shall, singly or in the aggregate with 
any previous debts or liabilities, exceed the sum of three hundred thousand 
dollars, except in case of war to repel invasion or suppress insurrection, unless 
the same shall be authorized by law for some single object or work to be 
distinctly specified therein which law shall provide ways and means, ex- 
clusive of loans, for the payment of the interest of such debt or liability as it 
falls due, and also to pay and discharge the principal of such debt or liability 
within seventy-five years of the time of the contracting thereof, and shall 
be irrepealable until the principal and interest thereon shall be paid and dis- 
charged, and such law may make provision for a sinking fund to pay the 
principal of such debt or liability to commence at a time after the incurring 
of such debt or liability of not more than a period of one fourth of the time 
of maturity of such debt or liability ; but no such law shall take effect until , 
at a general election, it shall have been submitted to the people and shall 
have received a majority of all the votes cast for and against it at such elec- 
tion ; and all moneys raised by authority of such law shall be applied only 
to the specific object therein stated or to the payment of the debt thereby 

1 In some cities tide lands that were acquired by individuals or private corpora- 
tions before 1879 are still privately owned. 



ARTICLE XVIII, SECTION i 405 

created, and such law shall be published in at least one newspaper in each 
county, or city and county, if one be published therein throughout the State 
for three months next preceding the election at which it is submitted to the 
people. The Legislature may, at any time after the approval of such law 
by the people, if no debt shall have been contracted in pursuance thereof, 
repeal the same. 1 [As amended November 3, igo8.\ 



ARTICLE XVII 
LAND, AND HOMESTEAD EXEMPTION 

Homestead exemption. 

Section i. The Legislature shall protect, by law, from forced sale a 
certain portion of the homestead and other property of all heads of families. 2 

Large land holdings discouraged. 

Sec. 2. The holding of large tracts of land, uncultivated and unim- 
proved, by individuals or corporations, is against the public interest, and 
should be discouraged by all means not inconsistent with the rights of private 
property. 

State lands granted only to actual settlers. 

Sec. 3. Lands belonging to this State, which are suitable for cultivation, 
shall be granted only to actual settlers, and in quantities not exceeding three 
hundred and twenty acres to each settler, under such conditions as shall be 
prescribed by law. (§ 137, 2.) 



ARTICLE XVIII 

AMENDING AND REVISING THE CONSTITUTION 

Amendments, how made. 

Section i. Any amendment or amendments to this Constitution may 
be proposed in the Senate or Assembly, and if two thirds of all the members 
elected to each of the two houses shall vote in favor thereof, such proposed 
amendment or amendments shall be entered in their journals, with the yeas 

1 This article outlines in full the manner in which state bonds are issued. 

2 The head of a family who owns a house may have it and the land on which it 
is located, amounting to $5000 in value, set aside as a homestead. The declaration 
of homestead must be drawn up in proper form, something like a deed, and must be 
recorded by the county recorder. A homestead is "subject to execution of forced 
sale" to satisfy a mortgage, or a debt secured by a lien on the property ; but cannot 
be taken to satisfy other debts of the owner. 



406 THE CONSTITUTION OF CALIFORNIA 

and nays taken thereon ; and it shall be the duty of the Legislature to submit 
such proposed amendment or amendments to the people in such manner, and 
at such time, and after such publication as may be deemed expedient. 
Should more amendments than one be submitted at the same election they 
shall be so prepared and distinguished, by numbers or otherwise, that each 
can be voted on separately. If the people shall approve and ratify such 
amendment or amendments, or any of them, by a majority of the qualified 
electors voting thereon such amendment or amendments shall become a part 
of this Constitution. 

Revision, convention for. 

Sec. 2. Whenever two thirds of the members elected to each branch of 
the Legislature shall deem it necessary to revise this Constitution, they shall 
recommend to the electors to vote at the next general election for or against 
a convention for that purpose, and if a majority of the electors voting at 
such election on the proposition for a convention shall vote in favor thereof, 
the Legislature shall, at its next session, provide by law for calling the same. 
The convention shall consist of a number of delegates not to exceed that of 
both branches of the Legislature, who shall be chosen in the same manner, 
and have the same qualifications, as members of the Legislature. The dele- 
gates so elected shall meet within three months after their election at such 
place as the Legislature may direct. At a special election to be provided 
for by law, the Constitution that may be agreed upon by such convention 
shall be submitted to the people for their ratification or rejection, in such 
manner as the convention may determine. The returns of such election 
shall, in such manner as the convention shall direct, be certified to the Execu- 
tive of the State, who shall call to his assistance the Controller, Treasurer, 
and Secretary of State, and compare the returns so certified to him ; and it 
shall be the duty of the Executive to declare, by his proclamation, such 
Constitution, as may have been ratified by a majority of all the votes cast 
at such special election, to be the Constitution of the State of California. 



ARTICLE XIX 
CHINESE * 

Protection against undesirable aliens. 

Section i. The Legislature shall prescribe all necessary regulations 
for the protection of the State, and the counties, cities, and towns thereof, 

1 Public sentiment in California was very strong against the Chinese in 1879, 
and article XIX gives expression to this sentiment. The entire article, except sec- 
tion 3, is practically a dead letter. 



ARTICLE XIX, SECTIONS 1-4 407 

from the burdens and evils arising from the presence of aliens, who are, or 
may become, vagrants, paupers, mendicants, criminals, or invalids afflicted 
with contagious or infectious diseases, and from aliens otherwise dangerous 
or detrimental to the well-being or peace of the State, and to impose condi- 
tions upon which such persons may reside in the State, and to provide the 
means and mode of their removal from the State, upon failure or refusal to 
comply with such conditions; provided, that nothing contained in this sec- 
tion shall be construed to impair or limit the power of the Legislature to pass 
such police laws or other regulations as it may deem necessary. 

Corporations not to employ Chinese. 

Sec. 2. No corporation now existing or hereafter formed under the laws 
of this State shall, after the adoption of this Constitution, employ, directly 
or indirectly, in any capacity, any Chinese or Mongolian. The Legislature 
shall pass such laws as may be necessary to enforce this provision. 

Note. — Sec. 2. The provisions of this section held to be in conflict with the 
United States Constitution, and therefore void. In re Parrott, 5 Pac. Coast Law 
Jour., p. 161. 

No Chinese to be employed on public work. 

Sec. 3. No Chinese shall be employed on any State, county, municipal, 
or other public work, except in punishment for crime. 

Chinese immigration to be discouraged. 

Sec. 4. The presence of foreigners ineligible to become citizens of the 
United States is declared to be dangerous to the well-being of the State, and 
the Legislature shall discourage their immigration by all the means within 
its power. Asiatic coolieism is a form of human slavery, and is forever pro- 
hibited in this State, and all contracts for coolie labor shall be void. All 
companies or corporations, whether formed in this country or any foreign 
country, for the importation of such labor, shall be subject to such penalties 
as the Legislature may prescribe. The Legislature shall delegate all neces- 
sary power to the incorporated cities and towns of this State for the removal 
of Chinese without the limits of such cities and towns, or for their location 
within prescribed portions of those limits, and it shall also provide the neces- 
sary legislation to prohibit the introduction into this State of Chinese after 
the adoption of this Constitution. This section shall be enforced by ap- 
propriate legislation. 



408 THE CONSTITUTION OF CALIFORNIA 

ARTICLE XX 
MISCELLANEOUS SUBJECTS 

Capital of the State — How changed. 

Section i. The city of Sacramento is hereby declared to be the seat 
of government of this State, and shall so remain until changed by law ; but 
no law changing the seat of government shall be valid or binding, unless 
the same be approved and ratified by a majority of the qualified electors of 
the State voting therefor at a general State election, under such regulations 
and provisions as the Legislature, by a two-thirds vote of each house, may 
provide, submitting the question of change to the people. 

Disqualification and disfranchisement for dueling. 

Sec. 2. Any citizen of this State who shall, after the adoption of this 
Constitution, fight a duel with deadly weapons, or send or accept a challenge 
to fight a duel with deadly weapons, either within this State or out of it, or 
who shall act as second, or knowingly aid or assist in any manner those 
thus offending, shall not be allowed to hold any office of profit, or to enjoy 
the right of suffrage under this Constitution. 

Oath of office. 

Sec. 3. Members of the Legislature, and all officers, executive and judi- 
cial, except such inferior officers as may be by law exempted, shall, before 
they enter upon the duties of their respective offices, take and subscribe the 
following oath or affirmation : 

" I do solemnly swear (or affirm, as the case may be), that I will support 
the Constitution of the United States and the Constitution of the State of 

California, and that I will faithfully discharge the duties of the office of , 

according to the best of my ability." 

And no other oath, declaration, or test, shall be required as a qualifica- 
tion for any office or public trust. 

Officers or commissioners, election or appointment of. 

Sec. 4. All officers or commissioners whose election or appointment is 
not provided for by this Constitution, and all officers or commissioners whose 
offices or duties may hereafter be created by law, shall be elected by the 
people, or appointed, as the Legislature may direct. 

Fiscal year. 

Sec. 5. The fiscal year shall commence on the first day of July. 
Suits against the State. 

Sec. 6. Suits may be brought against the State in such manner and in 
such courts as shall be directed by law. 



ARTICLE XX, SECTIONS 7-13 409 

Marriage contracts. 

Sec. 7. No contract of marriage, if otherwise duly made, shall be in- 
validated for want of conformity to the requirements of any religious sect. 

Separate property of husband and wife. 

Sec. 8. All property, real and personal, owned by either husband or 
wife before marriage, and that acquired by either of them afterwards by 
gift, devise, or descent, shall be their separate property. 

Perpetuities. 

Sec. 9. No perpetuities shall be allowed except for eleemosynary pur- 
poses. 1 (§ 23.) 

Disqualification for bribery. 

Sec. 10. Every person shall be disqualified from holding any office of 
profit in this State who shall have been convicted of having given or offered 
a bribe to procure his election or appointment. 

Purity in office-holding and in elections. 

Sec. 11. Laws shall be made to exclude from office, serving on juries, 
and from the right of suffrage, persons convicted of bribery, perjury, forgery, 
malfeasance in office, or other high crimes. The privilege of free suffrage 
shall be supported by laws regulating elections and prohibiting, under ade- 
quate penalties, all undue influence thereon from power, bribery, tumult, 
or other improper practice. 

Residence, when absence does not affect. 

Sec. 12. Absence from this State, on business of the State or of the 
United States, shall not affect the question of residence of any person. 

Election by plurality. 

Sec. 13. A plurality of the votes given at any election shall constitute 
a choice where not otherwise directed in this Constitution, provided, that it 
shall be competent in all charters of cities, counties or cities and counties 
framed under the authority of this Constitution to provide the manner in 
which their respective elective officers may be elected and to prescribe a 
higher proportion of the vote therefor, and provided also, that it shall be 
competent for the Legislature by general law to provide the manner in 
which officers of municipalities organized or incorporated under general 
laws may be elected and to prescribe a higher proportion of the vote there- 
for. 2 [As ameyvded October 10, iqii.] 

1 Land so disposed of by deed or will that it cannot be sold is a perpetuity. An 
example is the land belonging to Stanford University — an eleemosynary institution. 

2 Some of our cities choose their elective officers by a majority rather than by a 
plurality vote (§ 9). 



410 THE CONSTITUTION OF CALIFORNIA 

State Board of Health. 

Sec. 14. The Legislature shall provide, by law, for the maintenance 
and efficiency of a State Board of Health. (§ 159.) 

Mechanic's lien. 

Sec. 15. Mechanics, materialmen, artisans, and laborers of every class 
shall have a lien upon the property upon which they have bestowed labor 
or furnished material for the value of such labor done and material furnished ; 
and the Legislature shall provide, by law, for the speedy and efficient en- 
forcement of such liens. 1 

Term of offices, when not fixed by Constitution. 

Sec. 16. When the term of any officer or commissioner is not provided 
for in this Constitution, the term of such officer or commissioner may be 
declared by law ; and, if not so declared, such officer or commissioner shall 
hold his position as such officer or commissioner during the pleasure of the 
authority making the appointment; but in no case shall such term exceed 
four years ; provided, however, that in the case of any officer or employe of 
any municipality governed under a legally adopted charter, the provisions 
of such charter with reference to the tenure of office or the dismissal from 
office of any such officer or employe shall control ; and provided further, that 
the term of office of any person heretofore or hereafter appointed to hold 
office or employment during good behavior under civil service laws of the 
State or of any political division thereof shall not be limited by this section. 
[As amended October 10, 1911.] 

Hours of labor on public works. 

Sec. 17. The time of service of all laborers or workmen or mechanics 
employed upon any public works of the State of California, or of any county, 
city and county, city, town, district, township, or any other political sub- 
division thereof, whether said work is done by contract or otherwise, shall 
be limited and restricted to eight hours in any one calendar day, except in 
cases of extraordinary emergency caused by fire, flood, or danger to life and 
property, or except to work upon public, military, or naval works or defenses 
in time of war, and the Legislature shall provide by law that a stipulation 
to this effect shall be incorporated in all contracts for public work and pre- 
scribe proper penalties for the speedy and efficient enforcement of said law. 
[.4s amended November 4, 1902.] 

Sex does not disqualify for business pursuits. 

Sec. 18. No person shall, on account of sex, be disqualified from enter- 
ing upon or pursuing any lawful business, vocation, or profession. 

1 If a contractor fails to pay for the material or the labor required to complete a 
piece of work, any person to whom any of the money is due has a lien on the property 
even though the owner may have paid the contractor the full contract price. 



ARTICLE XXI, SECTION i 411 

Expenses of constitutional convention. 

Sec. 19. Nothing in this Constitution shall prevent the Legislature from 
providing, by law, for the payment of the expenses of the convention fram- 
ing this Constitution, including the per diem of the delegates for the full 
term thereof. 

Elections, when held — Terms of office. 

Sec. 20. Elections of the officers provided for by this Constitution, except 
at the election in the year eighteen hundred and seventy-nine, shall be held 
on the even-numbered years next before the expiration of their respective 
terms. The terms of such officers shall commence on the first Monday 
after the first day of January next following their election. (§§ 36, 126.) 

Industrial Accidents — Employer's Liability for — Settlement by arbi- 
tration, etc. 

Sec. 21. The Legislature may by appropriate legislation create and en- 
force a liability on the part of all employers to compensate their employes 
for any injury incurred by the said employes in the course of their employ- 
ment irrespective of the fault of either party. The Legislature may provide 
for the settlement of any disputes arising under the legislation contemplated 
by this section, by arbitration, or by an industrial accident board, by the 
courts, or by either, any or all of these agencies, anything in this Constitution 
to the contrary notwithstanding. [New section; adopted October 10, ign.] 
(§ 161.) 



ARTICLE XXI 

BOUNDARY 
Boundary of State. 

Section i. The boundary of the State of California shall be as follows : 
Commencing at the point of intersection of the forty-second degree of north 
latitude with the one hundred and twentieth degree of longitude west from 
Greenwich, and running south on the line of said one hundred and twentieth 
degree of west longitude until it intersects the thirty-ninth degree of north 
latitude ; thence running in a straight line, in a southeasterly direction, to 
the river Colorado, at a point where it intersects the thirty-fifth degree of 
north latitude ; thence down the middle of the channel of said river to the 
boundary line between the United States and Mexico, as established by the 
treaty of May thirtieth, one thousand eight hundred and forty-eight ; thence 
running west and along said boundary line to the Pacific Ocean, and extend- 
ing therein three English miles ; thence running in a northwesterly direction 
and following the direction of the Pacific coast to the forty-second degree 



412 THE CONSTITUTION OF CALIFORNIA 

of north latitude; thence on the line of said forty-second degree of north 
latitude to the place of beginning. Also, including all the islands, harbors, 
and bays along and adjacent to the coast. 



ARTICLE XXII 

SCHEDULE 

That no inconvenience may arise from the alterations and amendments 
in the Constitution of this State, and to carry the same into complete effect, 
it is hereby ordained and declared : 

Present laws in force. 

Section i. That all laws in force at the adoption of this Constitution, 
not inconsistent therewith, shall remain in full force and effect until altered 
or repealed by the Legislature ; and all rights, actions, prosecutions, claims, 
and contracts of the State, counties, individuals, or bodies corporate, not 
inconsistent therewith, shall continue to be as valid as if this Constitution 
had not been adopted. The provisions of all laws which are inconsistent 
with this Constitution shall cease upon the adoption thereof, except that 
all laws which are inconsistent with such provisions of this Constitution as 
require legislation to enforce them shall remain in full force until the first 
day of July, eighteen hundred and eighty, unless sooner altered or repealed 
by the Legislature. 

Existing obligations and actions unaffected. 

Sec. 2. That all recognizances, obligations, and all other instruments, 
entered into or executed before the adoption of this Constitution, to this 
State, or to any subdivision thereof, or any municipality therein, and all 
fines, taxes, penalties, and forfeitures due or owing to this State, or any sub- 
division or municipality thereof, and all writs, prosecutions, actions, and 
causes of action, except as herein otherwise provided, shall continue and re- 
main unaffected by the adoption of this Constitution. All indictments or 
informations which shall have been found, or may hereafter be found, for 
any crime or offense committed before this Constitution takes effect, may 
be proceeded upon as if no change had taken place, except as otherwise 
provided in this Constitution. 

Certain existing courts abolished. 

Sec. 3. All courts now existing, save justices' and police courts, are 
hereby abolished ; and all records, books, papers, and proceedings from such 
courts, as are abolished by this Constitution, shall be transferred, on the 



ARTICLE XXII, SECTIONS 3-6 413 

first day of January, eighteen hundred and eighty, to the courts provided 
for in this Constitution ; and the courts to which the same are thus trans- 
ferred shall have the same power and jurisdiction over them as if they had 
been in the first instance commenced, filed, or lodged therein. 

Printing of Constitution and proclamation of election therefor. 

Sec. 4. The Superintendent of Printing of the State of California shall, 
at least thirty days before the first Wednesday in May, A. D., eighteen hun- 
dred and seventy-nine, cause to be printed at the State Printing Office, in 
pamphlet form, simply stitched, as many copies of this Constitution as 
there are registered voters in this State, and mail one copy thereof to the 
post office address of each registered voter; provided, any copies not called 
for ten days after reaching their delivery office, shall be subject to general 
distribution by the several postmasters of the State. The Governor shall 
issue his proclamation, giving notice of the election for the adoption or 
rejection of this Constitution, at least thirty days before the said first 
Wednesday of May, eighteen hundred and seventy-nine, and the boards of 
supervisors of the several counties shall cause said proclamation to be made 
public in their respective counties, and general notice of said election to be 
given at least fifteen days next before said election. 

Ballots for voting on Constitution. 

Sec. 5. The Superintendent of Printing of the State of California shall, 
at least twenty days before said election, cause to be printed and delivered 
to the clerk of each county in this State five times the number of properly 
prepared ballots for said election that there are voters in said respective 
counties, with the words printed thereon: "For the New Constitution." 
He shall likewise cause to be so printed and delivered to said clerks five times 
the number of properly prepared ballots for said election that there are voters 
in said respective counties, with the words printed thereon : " Against the 
New Constitution." The Secretary of State is hereby authorized and re- 
quired to furnish the Superintendent of State Printing a sufficient quantity 
of legal ballot paper, now on hand, to carry out the provisions of this sec- 
tion. 

County clerks to provide poll books, etc. 

Sec. 6. The clerks of the several counties in the State shall, at least 
five days before said election, cause to be delivered to the inspectors of elec- 
tions, at each election precinct or polling place in their respective counties, 
suitable registers, poll books, forms of return, and an equal number of the 
aforesaid ballots, which number, in the aggregate, must be ten times greater 
than the number of voters in the said election precincts or polling places. 
The returns of the number of votes cast at the presidential election in the 
year eighteen hundred and seventy-six shall serve as a basis of calculation 



414 THE CONSTITUTION OF CALIFORNIA 

for this and the preceding section ; provided, that the duties in this and the 
preceding section imposed upon the clerk of the respective counties shall, 
in the city and county of San Francisco, be performed by the Registrar of 
Voters for said city and county. 

Who entitled to vote. 

Sec. 7. Every citizen of the United States, entitled by law to vote for 
members of the Assembly in this State, shall be entitled to vote for the adop- 
tion or rejection of this Constitution. 

Returns, how canvassed. 

Sec. 8. The officers of the several counties of this State, whose duty it 
is, under the law, to receive and canvass the returns from the several pre- 
cincts of their respective counties, as well as of the city and county of San 
Francisco, shall meet at the usual places of meeting for such purposes on the 
first Monday after said election. If, at the time of meeting, the returns 
from each precinct in the county in which the polls were opened have been 
received, the board must then and there proceed to canvass the returns ; 
but if all the returns have not been received, the canvass must be postponed 
from time to time until all the returns are received, or until the second Mon- 
day after said election, when they shall proceed to make out returns of the 
votes cast for and against the new Constitution; and the proceedings of 
said boards shall be the same as those prescribed for like boards in the case 
of an election for Governor. Upon the completion of said canvass and re- 
turns, the said boards shall immediately certify the same, in the usual form, 
to the 'Governor of the State of California. 

Computation of returns and proclamation thereof. 

Sec. 9. The Governor of the State of California shall, as soon as the 
returns of said election shall be received by him, or within thirty days after 
said election, in the presence and with the assistance of the Controller, 
Treasurer, and Secretary of State, open and compute all the returns received 
01 votes cast for and against the new Constitution. If, by such examination 
and computation, it is ascertained that a majority of the whole number of 
votes cast at such election is in favor of such new Constitution, the Execu- 
tive of this State shall, by his proclamation, declare such new Constitution 
to be the Constitution of the State of California, and that it shall take effect 
and be in force on the days hereinafter specified. 

Terms of officers first elected. 

Sec. 10. In order that future elections in this State shall conform to the 
requirements of this Constitution, the terms of all officers elected at the first 
election under the same shall be, respectively, one year shorter than the 
terms as fixed by law or by this Constitution ; and the successors of all such 



ARTICLE XXIII, SECTION i 



415 



officers shall be elected at the last election before the expiration of the terms 
as in this section provided. The first officers chosen after the adoption of 
this Constitution shall be elected at the time and in the manner now pro- 
vided by law. Judicial officers and the Superintendent of Public Instruc- 
tion shall be elected at the time and in the manner that State officers are 
elected. 

Laws relating to judicial system. 

Sec. 11. All laws relative to the present judicial system of the State 
shall be applicable to the judicial system created by this Constitution until 
changed by legislation. 

Constitution, when to take effect. 

Sec. 12. This Constitution shall take effect and be in force on and after 
the fourth day of July, eighteen hundred and seventy-nine, at twelve o'clock 
meridian, so far as the same relates to the election of all officers, the com- 
mencement of their terms of office and the meeting of the Legislature. In 
all other respects, and for all other purposes, this Constitution shall take 
effect on the first day of January, eighteen hundred and eighty, at twelve 
o'clock meridian. 



ARTICLE XXIII 
RECALL OF PUBLIC OFFICIALS 

Section i. Every elective public officer of the State of California may 
be removed from office at any time by the electors entitled to vote for a suc- 
cessor of such incumbent, through the procedure and in the manner herein 
provided for, which procedure shall be known as the recall, and is in addi- 
tion to any other method of removal provided by law. 

The procedure hereunder to effect the removal of an incumbent of an elec- 
tive public office shall be as follows : A petition signed by electors entitled 
to vote for a successor of the incumbent sought to be removed, equal in num- 
ber to at least twelve per cent of the entire vote cast at the last preceding 
election for all candidates for the office which the incumbent sought to be 
removed occupies (provided that if the officer sought to be removed is a 
State officer who is elected in any political subdivision of the State, said peti- 
tion shall be signed by electors entitled to vote for a successor to the incum- 
bent sought to be removed, equal in number to at least twenty per cent of 
the entire vote cast at the last preceding election for all candidates for the 
office which the incumbent sought to be removed occupies) demanding an 
election of a successor to the officer named in said petition, shall be addressed 
to the Secretary of State and filed with the clerk, or registrar of voters of 



41 6 THE CONSTITUTION OF CALIFORNIA 

the county or city and county in which the petition was circulated; pro- 
vided, that if the officer sought to be removed was elected in the State at 
large such petition shall be circulated in not less than five counties of the 
State, and shall be signed in each of such counties by electors equal in num- 
ber to not less than one per cent of the entire vote cast, in each of said coun- 
ties, at said election, as above estimated. Such petition shall contain a 
general statement of the grounds on which the removal is sought, which 
statement is intended solely for the information of the electors, and the 
sufficiency of which shall not be open to review. 

When such petition is certified as is herein provided to the Secretary of 
State, he shall forthwith submit the said petition, together with a certifi- 
cate of its sufficiency, to the Governor, who shall thereupon order and fix 
a date for holding the election, not less than sixty days nor more than eighty 
days from the date of such certificate of the Secretary of State. 

The Governor shall make or cause to be made publication of notice for 
the holding of such election, and officers charged by law with duties concern- 
ing elections shall make all arrangements for such election and the same 
shall be conducted, returned, and the result thereof declared, in all respects 
as are other State elections. On the official ballot at such election shall be 
printed, in not more than two hundred words, the reasons set forth in the 
petition for demanding his recall. And in not more than three hundred 
words there shall also be printed, if desired by him, the officer's justification 
of his course in office. Proceedings for the recall of any officer shall be 
deemed to be pending from the date of the filing with any county, or city 
and county clerk, or registrar of voters, of any recall petition against such 
officer ; and if such officer shall resign at any time subsequent to the filing 
thereof, the recall election shall be held notwithstanding such resignation, 
and the vacancy caused by such resignation, or from any other cause, shall 
be filled as provided by law, but the person appointed to fill such vacancy 
shall hold his office only until the person elected at the said recall election 
shall qualify. 

Any person may be nominated for the office which is to be filled at any 
recall election by a petition signed by electors, qualified to vote at such re- 
call election, equal in number to at least one per cent of the total number of 
votes cast at the last preceding election for all candidates for the office which 
the incumbent sought to be removed occupies. Each such nominating 
petition shall be filed with the Secretary of State not less than twenty-five 
days before such recall election. 

There shall be printed on the recall ballot, as to every officer whose recall 
is to be voted on thereat, the following question : " Shall (name of person 
against whom the recall petition is filed) be recalled from the office of (title 
of the office)? ", following which question shall be the words " Yes " and 



ARTICLE XXIII, SECTION i 41 7 

" No " on separate lines, with a blank space at the right of each, in which 
the voter shall indicate, by stamping a cross (X), his vote for or against such 
recall. On such ballots, under each such question, there shall also be printed 
the names of those persons who have been nominated as candidates to suc- 
ceed the person recalled, in case he shall be removed from office by said recall 
election ; but no vote cast shall be counted for any candidate for said office 
unless the voter also voted on said question of the recall of the person sought 
to be recalled from said office. The name of the person against whom the 
petition is filed shall not appear on the ballot as a candidate for the office. 
If a majority of those voting on said question of the recall of any incumbent 
from office shall vote " No," said incumbent shall continue in said office. 
If a majority shall vote " Yes," said incumbent shall thereupon be deemed 
removed from such office, upon the qualification of his successor. The 
canvassers shall canvass all votes for candidates for said office and declare 
the result in like manner as in a regular election. If the vote at any such 
recall election shall recall the officer, then the candidate who has received 
the highest number of votes for the office shall be thereby declared elected 
for the remainder of the term. In case the person who received the highest 
number of votes shall fail to qualify within ten days after receiving the cer- 
tificate of election, the office shall be deemed vacant and shall be filled ac- 
cording to law. 

Any recall petition may be presented in sections, but each section shall 
contain a full and accurate copy of the title and text of the petition. Each 
signer shall add to his signature his place of residence, giving the street 
and number, if such exist. His election precinct shall also appear on the 
paper after his name. The number of signatures appended to each section 
shall be at the pleasure of the person soliciting signatures to the same. Any 
qualified elector of the State shall be competent to solicit such signatures 
within the county, or city and county, of which he is an elector. Each sec- 
tion of the petition shall bear the name of the county, or city and county 
in which it is circulated, and only qualified electors of such county or city 
and county shall be competent to sign such section. Each section shall 
have attached thereto the affidavit of the person soliciting signatures to the 
same stating his qualifications and that all the signatures to the attached 
section were made in his presence and that to the best of his knowledge 
and belief each signature to the section is the genuine signature of the per- 
son whose name it purports to be; and no other affidavit thereto shall be 
required. The affidavit of any person soliciting signatures hereunder shall 
be verified free of charge by any officer authorized to administer an oath. 
Such petition so verified shall be prima facie evidence that the signatures 
thereto appended are genuine and that the persons signing the same are 
qualified electors. Unless and until it is otherwise proven upon official 

CIVIL GOV. IN CAL. 2^ 



4 l8 THE CONSTITUTION OF CALIFORNIA 

investigation, it shall be presumed that the petition presented contains the 
signatures of the requisite number of electors. Each section of the petition 
shall be filed with the clerk, or registrar of voters, of the county or city and 
county in which it was circulated; but all such sections circulated in any 
county or city and county shall be filed at the same time. Within twenty 
days after the date of filing such petition, the clerk, or registrar of 
voters, shall finally determine from the records of registration what number 
of qualified electors have signed the same; and, if necessary, the board of 
supervisors shall allow such clerk or registrar additional assistants for the 
purpose of examining such petition and provide for their compensation. 
The said clerk or registrar, upon the completion of such examination, shall 
forthwith attach to such petition his certificate, properly dated, showing 
the result of such examination, and submit said petition, except as to the 
signatures appended thereto, to the Secretary of State and file a copy of 
said certificate in his office. Within forty days from the transmission of 
the said petition and certificate by the clerk or registrar of voters to the 
Secretary of State, a supplemental petition, identical with the original as 
to the body of the petition but containing supplemental names, may be 
filed with the clerk or registrar of voters, as aforesaid. The clerk or regis- 
trar of voters shall within ten days after the filing of such supplemental peti- 
tion make like examination thereof as of the original petition, and upon the 
conclusion of such examination shall forthwith attach to such petition his 
certificate, properly dated, showing the result of such examination, and shall 
forthwith transmit such supplemental petition, except as to the signatures 
thereon, together with his said certificate, to the Secretary of State. 

When the Secretary of State shall have received from one or more county 
clerks, or registrars of voters, a petition certified as herein provided to have 
been signed by the requisite number of qualified electors, he shall forthwith 
transmit to the county clerk or registrar of voters of every county or city 
and county in the State a certificate showing such fact; and such clerk or 
registrar of voters shall thereupon file said certificate for record in his office. 

A petition shall be deemed to be filed with the Secretary of State upon 
the date of the receipt by him of a certificate or certificates showing the 
said petition to be signed by the requisite number of electors of the State. 

No recall petition shall be circulated or filed against any officer until he 
has actually held his office for at least six months ; save and. except it may 
be filed against any member of the State Legislature at any time after five 
days from the convening and organizing of the Legislature after his elec- 
tion. 1 • 

1 On January 2, 1913, a recall election was held in the 28th senatorial district, 
and state senator Marshall Black was recalled, Mr. Herbert C. Jones being elected 
in his place. 



ARTICLE XXIII, SECTION i 419 

If at any recall election the incumbent whose removal is sought is not re- 
called, he shall be repaid from the state treasury any amount legally ex- 
pended by him as expenses of such election, and the Legislature shall pro- 
vide appropriation for such purpose, and no proceedings for another recall 
election of said incumbent shall be initiated within six months after such 
election. 

If the Governor is sought to be removed under the provisions of this article, 
the duties herein imposed upon him shall be performed by the Lieutenant 
Governor ; and if the Secretary of State is sought to be removed, the duties 
herein imposed upon him shall be performed by the State Controller ; and 
the duties herein imposed upon the clerk or registrar of voters, shall be per- 
formed by such registrar of voters in all cases where the office of registrar of 
voters exists. 

The recall shall also be exercised by the electors of each county, city and 
county, city and town of the State, with reference to the elective officers 
thereof, under such procedure as shall be provided by law. 

Until otherwise provided by law, the legislative body of any such county, 
city and county, city or town may provide for the manner of exercising such 
recall powers in such counties, cities and counties, cities and towns, but shall 
not require any such recall petition to be signed by electors more in number 
than twenty-five per cent of the entire vote cast at the last preceding elec- 
tion for all candidates for the office which the incumbent sought to be re- 
moved occupies. Nothing herein contained shall be construed as affecting 
or limiting the present or future powers of cities or counties or cities and coun- 
ties having charters adopted under the authority given by the Constitution. 

In the submission to the electors of any petition proposed under this article 
all officers shall be guided by the general laws of the State, except as other- 
wise herein provided. 

This article is self-executing, but legislation may be enacted to facilitate 
its operation, but in no way limiting or restricting the provisions of this arti- 
cle or the powers herein reserved. [New article adopted October 10, ign.] 

Adopted in Convention, at Sacramento, March 3d, A. D. 187 g. 

J. P. HOGE, President. 
Attest: Edwin F. Smith, Secretary. 

A. R. ANDREWS JOSIAH BOUCHER 

JAMES J. AYRES JOSEPH C. BROWN 

CLITUS BARBOUR SAML. B. BURT 

EDWARD BARRY JAMES CAPLES 

JAMES N. BARTON AUG. H. CHAPMAN 

C. J. BEERSTECHER J. M. CHARLES 

ISAAC S. BELCHER JOHN D. CONDON 

PETER BELL C W. CROSS 

MARION BIGGS HAMLET DAVIS 

E. T. BLACKMER JAS. E. DEAN 



420 



THE CONSTITUTION OF CALIFORNIA 



P. T. DOWLING 

LUKE D. DOYLE 

W. L. DUDLEY 

JONATHAN M. DUDLEY 

PRESLEY DUNLAP 

JOHN A. EAGON 

HENRY EDGERTON 

THOMAS H. ESTEY 

M. M. ESTEE 

EDWARD EVEY 

SIMON J. FARRELL 

J. A. FILCHER 

JACOB RICHARD FREUD 

ABRAHAM CLARK FREEMAN 

J. B. GARVEY 

B. B. GLASCOCK 
JOSEPH C. GORMAN 
W. P. GRACE 
WILLIAM J. GRAVES 
V. A. GREGG 

JNO. S. HAGER 

JOHN B. HALL 

J. E. HALE 

THOMAS HARRISON 

JOEL A. HARVEY 

T. D. HEISKELL 

CONRAD HEROLD 

D. W. HERRINGTON 

S. G. HILBORN 

J. R. W. HITCHCOCK 

SAM A. HOLMES 

VOLNEY E. HOWARD 

W. J. HOWARD 

W. F. HUESTIS 

WM. PROCTER HUGHEY 

G. W. HUNTER 

DANIEL INMAN 

GEORGE A. JOHNSON 

L. F. JONES 

PETER J. JOYCE 

JOHN J. KENNEY 

J. M. KELLEY 

JAMES H. KEYES 

C. R. KLEINE 
T. H. LAINE 

R. M. LAMPSON 

H. W. LA RUE 

HENRY LARKIN 

DAVID LEWIS 

R. LAVIGNE 

J. F. LINDOW 

JNO. MANSFIELD 

J. WEST MARTIN 

EDWARD MARTIN 

JOHN G. McCALLUM 

RUSH McCOMAS 

THOMAS McCONNELL 

JOHN McCOY 

THOMAS B. McFARLAND 

JOHN FLEMING McNUTT 



WM. S. MOFFATT 

L. D. MORSE 

HIRAM MILLS " 

W. W. MOREL AND 

JAMES E. MURPHY 

EDMOND NASON 

THORWALD KLAUDIUS NELSON 

HENRY NEUNABER - 

CHAS. C. O'DONNELL 

GEORGE OHLEYER 

JAMES O'SULLIVAN 

A. P. OVERTON 

JAMES MARTIN PORTER 

WILLIAM H. PROUTY 

M. R. C. PULLIAM 

PATRICK REDDY 

CHAS. F. REED 

JAS. S. REYNOLDS 

JNO. M. RHODES 

CHAS. S. RINGGOLD 

HORACE C. ROLFE 

GEO. W. SCHELL 

RUFUS SHOEMAKER 

J. SCHOMP 

JAMES McM. SH AFTER 

BENJ. SHURTLEFF 

E. O. SMITH 

H. W. SMITH 

GEO. VENABLE SMITH 

E. P. SOULE 
JOHN C. STEDMAN 
GEO. STEELE 

D. C. STEVENSON 
CHAS. V. STUART 
W. J. SWASEY 
CHARLES SWENSON 
R. S. SWING 
D. S. TERRY 
S. B. THOMPSON 
W. J. TINNIN 

F. O. TOWNSEND 
P. B. TULLY 

H. K. TURNER 
DANIEL TUTTLE 
A. P. VACQUEREL 
WALTER VAN DYKE 
WM. VAN VOORHIES 
JNO. WALKER 
HUGH WALKER 
BYRON WATERS 
J. V. WEBSTER 
JOSEPH R. WELLER 
PATRICK M. WELLIN 
JOHN P. WEST 
WM. F. WHITE 
JOHN T. WICKES 
H. C. WILSON 
JOS. W. WINANS 
N. G. WYATT 



APPENDIX A 

ACT FOR THE ADMISSION OF THE STATE OF CALIFORNIA INTO 

THE UNION 

Whereas, The people of California have presented a constitution and asked 
admission into the Union, which constitution was submitted to Congress by 
the President of the United States, by message dated February thirteenth, 
eighteen hundred and fifty, and which, on due examination, is found to be 
republican in its form of government : 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the State of California shall 
be one, and is hereby declared to be one, of the United States of America, 
and admitted into the Union on an equal footing with the original States 
in all respects whatever. 

2. The said State of California is admitted into the Union upon the ex- 
press condition that the people of said State, through their Legislature or 
otherwise, shall never interfere with the primary disposal of the public lands 
within its limits, and shall pass no law and do no act whereby the title of 
the United States to, and right to dispose of, the same shall be impaired or 
questioned; and that they shall never lay any tax, or assessment of any 
description whatsoever, upon the public domain of the United States ; and 
in no case shall non-resident proprietors, who are citizens of the United 
States, be taxed higher than residents; and that all the navigable waters 
within the said State shall be common highways, and forever free, as well to 
the inhabitants of said State as to the citizens of the United States, without 
any tax, impost, or duty therefor ; provided, that nothing herein contained 
shall be construed as recognizing or rejecting the propositions tendered by 
the people of California, as articles of compact in the ordinance adopted by 
the convention which formed the Constitution of that State. 

3. All laws of the United States which are not locally inapplicable shall 
have the same force and effect within the said State of California as else- 
where within the United States. 

Approved September 9, 1850. 

4.21 




Sutton's Civil Government in California 



120 Longitude West from 118 Greenwich 



l.POATES C0..N.Y. 



APPENDIX B 

DISTRICTS INTO WHICH THE STATE IS DIVIDED 

I. Assembly Districts (Statutes of 191 1, Extra Session, page 18) 

1st. Del Norte and Siskiyou counties. 

2d. Humboldt county. 

3d. Shasta and Trinity counties. 

4th. Plumas, Lassen, Modoc, and Sierra counties. 

5th. Tehama, Glenn, and Colusa counties. 

6th. Mendocino county. 

7th. Butte county. 

8th. Yuba, Sutter, and Yolo counties. 

9th. Nevada and Placer counties. 
10th. Solano county. 
nth. Napa and Lake counties. 
1 2 th and 13th. Sonoma county. 
14th and 15th. Sacramento county. 
16th. Amador, Eldorado, Alpine, and Calaveras counties. 
17th. Marin county. 
1 8th. Contra Costa county. 
19th and 20th! San Joaquin county. 

21st to 33d, inclusive. The city and county of San Francisco. 
34th to 41st, inclusive. Alameda county. 
42d. San Mateo county. 
43d. Santa Cruz county. 
44th and 45th. Santa Clara county. 
46th. Stanislaus county. 

47th. Mariposa, Tuolumne, Mono, and Inyo counties. 
48th. Monterey and San Benito counties. 
49th. Merced and Madera counties. 
50th to 5 2d, inclusive. Fresno county. 
53d. San Luis Obispo county. 
54th. Kings county. 
55th. Tulare county. 
56th. Kern county. 
57th and 58th. San Bernardino county. 

423 



424 APPENDIX B 

59th. Santa Barbara county. 

60th. Ventura county. 

61st to 75th, inclusive. Los Angeles county. 

76th. Orange county. 

77th. Riverside county. 

78th. Imperial county. 

79th and 80th. San Diego county. 

II. Senatorial Districts (Statutes of 191 1, Extra Session, page 140) 

1 st. Del Norte, Humboldt, Trinity, and Tehama counties. 

2d. Modoc, Siskiyou, Shasta, and Lassen counties. 

3d. Plumas, Sierra, Nevada, Placer, and Eldorado counties. 

4th. Mendocino, Colusa, Lake, and Glenn counties. 

5th. Napa and Solano counties. 

6th. Butte, Yuba, Sutter, and Yolo counties. 

7th. Sacramento county. 

8th. Sonoma county. 

9th. Marin and Contra Costa counties. 
10th. San Joaquin and Amador counties, 
nth. San Mateo, San Benito, and Santa Cruz counties. 
12th. Tuolumne, Mariposa, Stanislaus, Merced, Alpine, Mono, Madera, 

and Calaveras counties. 
13th to 1 6th, inclusive. Alameda county. 
17th. Monterey and San Luis Obispo counties. 
1 8th to 24th, inclusive. The city and county of San Francisco. 
25th. Ventura and Santa Barbara counties. 
26th. Fresno county. 
27th and 28th. Santa Clara county. 
29th. Part of Los Angeles county. 
30th. San Bernardino and Inyo counties. 
31st. Part of Los Angeles county. 
3 2d. Kings, Tulare, and Kern counties. 
33d to 38th, inclusive. Balance of Los Angeles county. 
39th. Riverside, Orange, and Imperial counties. 
40th. San Diego county. 

III. Congressional Districts (Statutes of 191 1, Extra Session, page 

164) 

1 st. Del Norte, Humboldt, Mendocino, Glenn, Butte, Yuba, Sutter, 
Marin, Colusa, Lake, and Sonoma counties. 






APPENDIX B 425 

2d. Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Sierra, 

Nevada, Placer, Eldorado, Amador, Calaveras, Alpine, Tuolumne, 

and Mariposa counties. 
3d. Napa, Yolo, Sacramento, Solano, Contra Costa, and San Joaquin 

counties. 
4th and 5 th. The city and county of San Francisco. 
6th. Alameda county. 
7th. Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern 

counties. 
8th. San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, San 

Luis Obispo, Santa Barbara, and Ventura counties, 
gth and 10th. Los Angeles county, 
nth. San Bernardino, Orange, Riverside, San Diego, Inyo, Mono, and 

Imperial counties. 

IV. Equalization Districts 

The four equalization districts still coincide with the four congressional 
districts into which the state was divided in 1879, the legislature having 
never redistricted the state as it has power to do by section 9, article XIII 
of the constitution. 

The four districts are as follows : 

1 st. The city and county of San Francisco. 

2d. Alameda, Contra Costa, San Joaquin, Sacramento, Placer, Nevada, 
Eldorado, Amador, Calaveras, Alpine, and Tuolumne counties. 

3d. All that part of the state north of the first and second districts. 
4th. All that part of the state south of the first and second districts. 



APPENDIX C 

COUNTIES OF CALIFORNIA 

I. Counties in the Order of their Creation 1 






Name of County 


County Seat 


Date 01 


Creation 


Area in 
Sq. Mi. 


i. Butte ..... 


Oroville 


Feb. 


18, 1850 


1,764 


2. Calaveras 




San Andreas 


Feb. 


18, 1850 


990 


3. Colusa . . 




Colusa 


Feb. 


18, 1850 


1,080 


4. Contra Costa 




Martinez 


Feb. 


18, 1850 


750 


5. Eldorado 




Placerville 


Feb. 


18, 1850 


1,891 


6. Los Angeles 




Los Angeles 


Feb. 


18, 1850 


3,957* 


7. Marin . . 




San Rafael 


Feb. 


18, 1850 


5i6 


8. Mariposa 




Mariposa 


Feb. 


18, 1850 


1,580 


9. Mendocino . 




Ukiah 


Feb. 


18, 1850 


3,4oo 


10. Monterey 




Salinas 


Feb. 


18, 1850 


3,45o 


11. Napa . . . 




Napa 


Feb. 


18, 1850 


800 


12. Sacramento . 




Sacramento 


Feb. 


18, 1850 


1,007 


13. San Diego . 




San Diego 


Feb. 


18, 1850 


4,377 


14. San Francisco 




San Francisco 


Feb. 


18, 1850 


42 


15. San Joaquin 




Stockton 


Feb. 


18, 1850 


i,37o 


16. San Luis Obispo 




San Luis Obispo 


Feb. 


18, 1850 


3,5oo 


17. Santa Barbara 




Santa Barbara 


Feb. 


18, 1850 


2,450 


18. Santa Clara . 




San Jose 


Feb. 


18, 1850 


i,355 


19. Santa Cruz 






Santa Cruz 


Feb. 


18, 1850 


425 


20. Shasta 






Redding 


Feb. 


18, 1850 


4,050 


21. Solano 






Fairfield 


Feb. 


18, 1850 


911 


22. Sonoma . 






Santa Rosa 


Feb. 


18, 1850 


i,54o 


23. Sutter . . 






Yuba City 


Feb. 


18, 1850 


611 


24. Trinity 






Weaverville 


Feb. 


18, 1850 


3,276 


25. Tuolumne 






Sonora 


Feb. 


18, 1850 


2,282 


26. Yolo . . 






Woodland 


Feb. 


18, 1850 


1,017 


27. Yuba . . 






Marysville 


Feb. 


18, 1850 


625 


28. Nevada . 






Nevada City 


April 


25, 1851 


958 


29. Placer . . 






Auburn 


April 


25, 1851 


1,484 



1 From the California Blue Book. 
426 



APPENDIX C 



427 



Name of County 



30. Siskiyou . 

31. Sierra . . 

32. Tulare 

33. Alameda . 

34. San Bernardino 

35. Humboldt 

36. Plumas . 

37. Stanislaus 

38. Amador . 

39. Merced . 

40. Tehama . 

41. Fresno 

42. San Mateo 

43. Del Norte 

44. Mono . . 

45. Lake . . 

46. Alpine 

47. Lassen 

48. Inyo . . 

49. Kern . . 

50. Ventura . 

51. San Benito 

52. Modoc 

53. Orange . 

54. Glenn 

55. Madera . 

56. Riverside 

57. Kings . . 

58. Imperial . 



County Seat 



Yreka 

Downieville 

Visalia 

Oakland 

San Bernardino 

Eureka 

Quincy 

Modesto 

Jackson 

Merced 

Red Bluff 

Fresno 

Redwood City 

Crescent City 

Bridgeport 

Lakeport 

Markleeville 

Susanville 

Independence 

Baker sfield 

San Buenaventura 

Hollister 

Alturas 

Santa Ana 

Willows 

Madera 

Riverside 

Hanford 

El Centro 



Date of Creation 



Mar. 

April 

April 

Mar. 

April 

May 

Mar. 

April 

May 

April 

April 

April 

April 

Mar. 

April 

May 

Mar. 

April 

Mar. 

April 

Mar. 

Feb. 

Feb. 

Mar. 

Mar. 

Mar. 

Mar. 

Mar. 

Aug. 



22, 1852 
16, 1852 
20, 1852 
25, 1853 

■26, 1853 

12, 1853 

18, 1854 

1, 1854 

11, 1854 

19, 1855 

9, 1856 
19, 1856 

19, 1856 

2, 1857 
24, 1861 

20, 1861 

16, 1864 

1, 1864 
22, 1866 

2, 1866 
22, 1872 

12, 1874 

17, 1874 
11, 1889 
11, 1891 
11, 1893 
11, 1893 
22, 1893 
15, 1907 



Area in 
Sq. Mi. 



6,078 

910 

4,863 

840 

20,055 

3,507 
2,361 
1,486 

568 
1,750 
3,200 
5,606 

470 
1,546 
2,796 
1,332 

575 

4,75o 

10,224 

8,i59 
1,850 
1,476 
4,097 
780 
1,460 
2,140 
7,008 
1,260 
4,140 



428 



APPENDIX C 



II. Counties in the Order of Their Population 

The number at the left in each case indicates the class to which the county 
belongs (Statutes of 1911, page 97). The populations given are according 
to the census of 1910. 



1. 
2. 
3- 
4. 
5- 
6. 

7- 
8. 

9- 
10. 
11. 
12. 

13- 

14. 

15- 
16. 

17- 
18. 

19. 
20. 
21. 
22. 

23- 
24. 

25- 

26. 
27. 
28. 
29. 



Los Angeles . 
San Francisco 
Alameda . . 
Santa Clara . 
Fresno . . . 
Sacramento . 
San Diego 
San Bernardino 
San Joaquin . 
Sonoma 
Kern . 
Tulare 
Riverside 
Orange 
Humboldt 
Contra Costa 
Santa Barbara 
Solano . . 
Butte . . . 
San Mateo . 
Santa Cruz . 
Marin . . . 
Monterey- 
Mendocino . 
Stanislaus 
Napa . . . 
San Luis Obispo 
Shasta . . . 
Siskiyou . . 

Total 



504,13! 
416,912 
246,131 
83,539 
75,657 
67,806 
61,665 
56,706 
5o,73i 
48,394 
37,7i5 
35,44o 

: 34,696 
34,436 
33,857 
31,674 
27,738 
27,559 
27,301 
26,585 
26,140 

25,114 
24,146 
23,929 
22,522 
19,800 

19,383 
18,920 
18,801 

population of 



30. Ventura 18,347 



31. Placer ...... 18,237 

32. Kings 16,230 

33. Merced 15,148 

34. Nevada 14,955 

35. Yolo i3,9 2 6 

36. Imperial 13,59* 

37. Tehama 11,401 

38. Yuba 10,042 

39. Tuolumne 9,979 

40. Calaveras . . . . . 9,171 

41. Amador 9,086 

42. Madera 8,368 

43. San Benito 8,041 

44. Colusa 7,732 

45. Eldorado 7,492 

46. Glenn 7,i7 2 

47. Inyo ........ 6,974 

48. Sutter 6,328 

49. Modoc 6,191 

50. Lake 5,526 

51. Plumas 5,259 

52. Lassen 4,802 

53. Sierra 4,098 

54. Mariposa 3,95 6 

55. Trinity 3,301 

56. Del Norte ..... 2,417 

57. Mono 2,042 

58. Alpine - 3°9 

California, 2,377,549. 






APPENDIX D 

OUTLINE OF THE LOS ANGELES COUNTY CHARTER 

The following is an outline of the freeholders' charter adopted 
by the voters of Los Angeles county, November 5, 191 2. It 
was approved by the legislature, and went into effect on the first 
Monday in June, 1913. 

Officers elected by Districts : One Supervisor by each of the five super- 
visorial districts. 

Officers elected at Large : Sheriff, District Attorney, Assessor. The term 
of office is four years. 

Elections : Two Supervisors are to be elected at the regular November 
election in 1914, 1918, etc.; and three in 1916, 1920, etc. The District 
Attorney is to be elected in 191 4 for two years, and in 191 6, 1920, etc., for 
four years. The Sheriff and Assessor are to be elected in 1914, 1918, etc. 
Primary and other elections are to be conducted according to general laws. 

Board of Supervisors : The Board of Supervisors is the responsible 
head of the county government. The members receive $5000 a year each, 
and must give all of their time to the public service. The Board appoints the 
Auditor, County Board of Education, County Library Trustees, the Civil 
Service Commission consisting of three members, Coroner, County Clerk, 
County Counsel, Fish and Game Warden, Health Officer, Horticultural 
Commissioner, Live Stock Inspector, Probation Committee, Probation 
Officer, Public Administrator, Public Defender, Purchasing Agent, Recorder, 
Registrar of Voters, Road Commissioner, Superintendent of Charities, 
Superintendent of Schools, Surveyor, Tax Collector, and Treasurer; and 
must appoint, or provide for the appointment of, other necessary officers 
and employees. 

The Board must fix the salaries of all county officers and employees, 
except those of its own members, and of the members of the Civil Service 
Commission. All appointments, except to a few specified positions, must 
be according to civil service regulations. Appointive officers are chosen for 
indefinite periods of time, and may be dismissed at any time for cause. 

Duties of Officers : The duties of most of the county officers are determined 
by state law. The Sheriff, in addition to his other duties, appoints and super- 

429 



430 APPENDIX D 

vises all constables in the county. The County Counsel gives legal advice 
on request to county officers, and is the attorney for the county in civil 
proceedings, the District Attorney being relieved of this work. The Public 
Defender is charged with the duty of defending in the courts all persons 
who are accused of crime and who are unable to employ private counsel. 
He must also protect and defend the civil rights of people who are unable 
to employ private counsel. The county will pay the costs of such suits as 
he finds it necessary to institute in their behalf. 

The Courts : Superior Judges and Justices of the Peace are to be elected. 
The Supervisors determine the number of Justices of the Peace for each 
township. 

The Recall : Both elective and appointive officers are subject to the Recall. 
The number of signatures required to begin proceedings is 15 per cent of the 
vote cast for Governor at the last election, if the office in question is to be 
filled by a <ote of the entire county ; or 25 per cent, if the office is to be filled 
by the vote of a district. 



OUTLINE OF THE CHARTER OF SAN BERNARDINO COUNTY 

1913 

Board of Supervisors : The Board consists of five members, elected by the 
county at large, one from each supervisorial district. The term of office is 
four years. Either two or three are elected at each regular county election. 
Elections are governed by general laws. 

The Board is the responsible head of the county government. It appoints 
all other county officers, fixes such salaries as are not fixed by the charter, 
and may remove any officer at any time for cause. The chairman of the 
board is the chief executive officer of the county and is the county purchas- 
ing agent. He must give his entire time to his official duties. 

Appointive Officers : The appointive officers are the usual county officers, 
and in addition a county Highway Commissioner, and a district Commis- 
sioner for each road district. The charter consolidates the following offices : 
District Attorney and Public Administrator, Sheriff and Coroner, Treasurer 
and Tax Collector, and Clerk and Recorder. Appointments are made 
for four years. The Board of Supervisors may provide for a Civil Service 
Board. 

Township Officers : One Justice of the Peace and one Constable are to 
be elected in each township, each for four years. (Superior Judges are to be 
elected. They are regarded as state officers.) 

The charter is to go into effect on the first Monday after January 1, 
1915- 



APPENDIX E 

OUTLINES OF CITY CHARTERS 

Introductory : In the following outlines an attempt has been 
made to present the framework of the various city charters in 
use at the present time (1913) in California. Many details 
are necessarily omitted. 

The percentages for beginning operations under the initiative 
and the referendum are based upon the number of votes cast 
at the last municipal election, unless otherwise stated. The 
smaller of the two percentages in the case of the initiative forces 
a vote on the proposed ordinance at the next general election ; 
the larger forces a special election. The two percentages in 
the case of the referendum have the same meaning as in the case 
of the initiative according to some charters. According to 
others, the smaller percentage suspends the ordinance for sixty 
days and forces the council to reconsider it, while the larger 
forces a referendary vote at a general or special election if the 
council does not repeal it. According to still others the smaller 
percentage permits the ordinance to go into effect after thirty 
days, but forces a general or special election on it any time 
after sixty days to determine whether it is to be permitted to 
stand, while the larger suspends the ordinance " until and un- 
less " passed at such election. 

Classification of Charters: The various charters may be 
classified as follows : 

I. Special Charters : Alviso, Santa Clara, Gilroy, Marysville, 

and Nevada City. l 
II. Class Charters: 

1. Sixth Class: Over 1 50 incorporated towns and cities. 

1 In this classification the cities in each list are given in order according to the 
dates of their cnarters. 

431 



432 APPENDIX E 

2. Fifth Class: Santa Ana, Tulare, Visalia, Woodland, 
Chico, Bakersfield, Ventura, and Oroville. 
III. Freeholders' Charters: 

i. Those which divide power about equally between the 
Mayor and the Council: Eureka, San Jose, Los 
Angeles, Santa Barbara, Fresno, Watson ville, Salinas, 
San Bernardino, Santa Rosa, Santa Monica, Alameda, 
Long Beach. 

2. Those which give most power to the Mayor: San 

Francisco, Riverside. 

3. Those which give most or all power to the Council. 

a. Those not based on the " commission plan," the 

members of the council not serving as heads of 
departments: Napa, Grass Valley, Palo Alto, 
Richmond, Petaluma, San Rafael. 

b. Those based on the " commission plan," the mem- 

bers of the council serving as heads of depart- 
ments: Berkeley, San Diego, San Luis Obispo, 
Modesto, Oakland, Monterey, Santa Cruz, 
Pomona, Vallejo, Stockton, Sacramento, and 
Pasadena. 1 

I. Special Charters 
1. Alviso, 1852 2 

Officers elected at Large : Five Trustees, Treasurer, Assessor, Marshal- 
Tax-Collector. 3 The term of office is one year. 

Elections : The municipal election is held on the first Monday in May each 
year. 

Board of Trustees : Elects a president and a clerk from their own number. 
Has general charge of the town government. Appoints an Attorney and 
other necessary officers and employees. 

1 The charters of 191 1 and 1913 in this group are given in the order of their rati- 
fication by the voters in their respective cities. 

2 The date of the charter. 

3 The two offices of Marshal and Tax Collector are held by the same person. 



APPENDIX E 433 

Police Court : Any Justice of the Peace may try cases growing out of city 
ordinances. 

2. Santa Clara, 1866, 1872, 1874 » 

Officers elected at Large : Five Trustees, Marshal, Clerk- Assessor, 
Treasurer, and five School Trustees. The Trustees and School Trustees are 
elected for two years ; the others, for one. 

Elections : The municipal election is held the first Monday in April each 
year. Either two or three Trustees and School Trustees are elected each 
year together with the other officers. 

Board of Trustees : Has general charge of the town government. Ap- 
points an Attorney and other necessary officers and employees. 

Police Court : Any Justice of the Peace may try cases growing out of city 
ordinances. 

3. Gilroy, 1870, 1872, 1876 

Officers elected at Large : Mayor, six Councilmen, Marshal-Tax-Collector, 
Clerk-Assessor, Treasurer. The term of office is two years. 

Elections : The municipal election is held on the first Monday in May of 
even years. 

Mayor : President of the Council. Has the veto power but no vote except 
in case of a tie. Enforces laws and ordinances. 

Council : The legislative authority. Has general charge of the city gov- 
ernment. Appoints an Attorney and other necessary officers and employees. 

Police Court : Any Justice of the Peace may try cases growing out of city 
ordinances. 

4. Marysville, 1876 

Officers elected at Large : Mayor, Marshal-Tax-Collector, Assessor-Clerk, 
Treasurer. 

Officers elected by Wards : One Councilman by each of the four wards. 
The term of office is two years. 

Elections : The municipal election is held on the third Monday in March 
of even years. 

Mayor : A member and president of the Council. Has a vote but no veto 
power. 

Council : Has general charge of the city government. Appoints an Attor- 
ney and other necessary officers and employees. 

Police Court : Consists of one judge appointed by the Council. 

1 The first date is the date of the charter ; the others are dates of amendments 
to the charter. 

CIVIL GOV. IN CAL. 28 



434 APPENDIX E 

5. Nevada City, 1878 

Officers elected at Large: Five Trustees, Assessor, Marshal-Tax-Col- 
lector, Treasurer. The Trustees are elected for two years ; the others, for 
one. 

Elections : The municipal election is held on the first Monday in May of 
each year. Either two or three Trustees are elected each year together with 
the other officers. 

Board of Trustees : Elects a president and clerk from its own number. 
Has general charge of the city government. Appoints an Attorney and 
other necessary officers and employees. 

Police Court : Any Justice of the Peace may try cases growing out of city 
ordinances. 

II. Class Charters 

1. The Sixth Class Charter — Adopted in 1883 

(" General Laws," 1909, page 843) 

Officers elected at Large : Five Trustees, Clerk-Assessor, Treasurer. 
The Trustees are elected for four years ; the others, for two. 

Elections : The municipal election is held on the second Monday in April 
of even years. Either two or three Trustees are elected at each election, 
together with other officers. 

Board of Trustees : Has general charge of the city government. Elects 
one of its members president. Appoints a Recorder and may appoint an 
Attorney, Engineer, Poundmaster, Superintendent of Streets, Marshal-Tax- 
Collector, and other necessary officers and employees to hold office during 
the pleasure of the board. 

Police Court : Called the " Recorder's Court," consists of one judge, the 
" Recorder," appointed by the Trustees. 

No provision is made for School Trustees. They are therefore elected 
according to general state law. 

2. The Fifth Class Charter — Adopted in 1883 

(" General Laws," 1909, page 822) 

Officers elected at Large : Five Trustees, five School Directors, five Li- 
brary Trustees, a Clerk, Attorney, Assessor, Marshal, Treasurer, and Re- 
corder. The Trustees may consolidate certain of these offices. The term 
of office is four years. 



APPENDIX E 435 

Elections : The municipal election is held on the second Monday in April 
every four years (ion, 1915, etc.). 

Board of Trustees : Has general charge of the city government. Elects 
one of its own number president, and provides for the appointment of sub- 
ordinate officers and employees. 

Police Court : Called the " Recorder's Court," consists of one judge, 
the " Recorder," elected for four years. 

Note. — According to a law enacted in 191 1 x any city using a fifth or a sixth 
class charter may, by a vote of its people, adopt the " commission plan " 
of government. The proposition must be submitted to the people by the 
Trustees in the form of an ordinance, which must provide that the city 
government shall be divided into five departments and that the Trustees 
shall assign one of their number to each department as its head. The or- 
dinance may also provide that all other municipal officers shall be ap- 
pointed by the Trustees to serve during their pleasure, or that some shall 
be appointed and some elected. If such ordinance is adopted by the people, 
it shall take effect as an amendment to the charter on the expiration of the 
terms of the present officers. It will be remembered that another law passed 
in 191 1 2 grants the recall (25 per cent), the initiative (15 per cent, 30 per 
cent), and the referendum (25 per cent) to the voters of every city who do 
not possess these powers by the provisions of their charter. 

III. Freeholders' Charters 

The cities having freeholders' charters are arranged in the following list 
in the order in which they received their first charters of this kind. The date 
of the first freeholders' charter is given in each case, and in every case in 
which this has been exchanged for a new one, the date of the new charter is 
also given. 

1. Oakland, 1889; 1911. 12. Santa Barbara; 1899. 

2. Stockton, 1889 ; 1911. 13. Vallejo, 1899; 1911. 

3. San Diego, 1889. 14. Fresno, 1901. 

4. Napa, 1893. 15. Pasadena, 1901. 

5. Sacramento, 1893 ; 1911. J 6. Salinas, 1903. 

6. Grass Valley, 1893. 17. Watsonville, 1903. 

7. Berkeley, 1895 ; 1909. 18. San Bernardino, 1905. 

8. Eureka, 1895. 19. Santa Rosa, 1905. 

9. San Jose, 1897. 20. Alameda, 1907. 

10. Los Angeles, 1899. 21. Long Beach, 1907. 

11. San Francisco, 1899. 22. Riverside, 1907. 

Statutes of iqii, page 842. 2 Statutes of 1911, page 359. 



43' 


5 


APPENDIX E 


23- 


Santa Cruz, 1907; 1911. 


28. Monterey, 191 1. 


2 4 . 


Santa Monica, 1907. 


29. Petaluma, 191 1. 


25- 


Palo Alto, 1909. 


30. Pomona, 191 1. 


26. 


Richmond, 1909. 


31. San Luis Obispo, 191 1. 


27. 


Modesto, 191 1. 


32. San Rafael, 1913. 



The outlines of charters appearing in the following pages are arranged 
in the same order as the cities to which they apply are arranged in the above 
list. The date of each charter is given, as well as the dates of all important 
amendments. 

1. Oakland, 191 1 

Officers elected at Large : Mayor, Auditor-Assessor, four Commissioners, 
and six School Directors. The term of office is four years. The Board of 
Education consists of the six School Directors and the Commissioner of 
Revenue and Finance. 

Elections : A nonpartisan direct primary election is held on the third 
Tuesday in April of odd years. The general municipal election is held on 
the third Tuesday after the primary. Names are printed on the primary 
ballot on petition of from 50 to 250 voters. 

Mayor: A member and president of the Council. Has a vote but no 
veto power. Enforces laws and ordinances. Is at the head of the De- 
partment of Public Affairs. Appoints five Library Directors, five Play- 
ground Directors, three Park Directors, and three Civil Service Commis- 
sioners. The Council must confirm these appointments. Members of 
these boards serve six years. 

Council : Consists of the Mayor and the four Commissioners. It is the 
center of all municipal authority. Meets daily. Appoints a City Attorney 
and Clerk. 

Departments: Five Departments are provided for: Public Affairs; 
Revenue and Finance; Health and Safety; Public Works; and Streets. 
The Mayor has charge of the department of Public Affairs ; and the Council 
selects one of its number, other than the Mayor, to serve as commissioner 
of each of the other departments. 

Officers appointed by the Commissioners and confirmed by the Council : 
By the Commissioner of Public Works, the City Engineer ; by.the Commis- 
sioner of Revenue and Finance, the Treasurer-Tax-Collector ; by the Com- 
missioner of Public Health and Safety, the Chief of Police, Fire Chief, Health 
Officer, and Superintendent of the Electrical Department ; by the Commis- 
sioner of Streets, the Superintendent of Streets and an Assistant Superin- 
tendent. 

Other Officers, inspectors, and employees, when authorized by ordinance, 



APPENDIX E 437 

are appointed by the Commissioners without confirmation by the Council. 
Many of these, however, are appointed according to civil service regula- 
tions. 

Powers granted the People : Initiative (5 per cent, 15 per cent) ; Referen- 
dum (10 per cent) ; Recall (15 per cent). 

Police Court : Established by state law. Consists of two judges elected 
at county elections for four years. 

Special Provisions: (1) Power is given the Council to provide pensions 
for persons who are sixty-five years of age and who have been employed 
by the city for twenty-five years. Policemen may be pensioned at sixty, 
and members of the fire department at fifty-five. (2) Renewals of franchises 
for public utilities must be approved by the people. (3) A person wishing 
to be a commissioner or school director must become a candidate for Com- 
missioner No. 1, 2, 3, or 4; or for School Director No. 1, 2, 3, 4, 5, or 6. 
The contest in each case is between the persons selecting the same num- 
ber. This is to make the practice called " plumping " impossible. These 
numbers have no significance after the election. 

2. Stockton, 1911 

Officers elected at Large : Mayor, four Councilmen, and five School 
Directors. The term of office is four years. 

Elections : A municipal election is held on the first Tuesday in October 
of even years. Names of candidates are printed on the ballot alphabetically 
for each office, each on petition of from twenty-five to thirty-five voters. 
A candidate receiving a majority vote for any office is elected. If any office 
is not filled at this election, a second election is held two weeks later to choose 
between the two receiving the highest vote. In case more than one is to be 
elected to any office, the number of candidates equals twice the number. 

Mayor : Has general supervision over all the departments. Is a member 
and president of the Council, having a vote, but no veto power. 

Council : It is the center of all municipal authority. Appoints Clerk, 
Assessor, Tax Collector, Attorney, Engineer, Chief of Police, Fire Chief, 
Street Superintendent, Health Officer, Five Library Trustees, and all other 
necessary officers and employees. The Library Trustees are appointed for 
five years to serve without pay. Other appointive officers serve during the 
pleasure of the Council, at such salaries as the Council establishes. The 
Council may provide for and appoint a Civil Service Board. 

Departments : Four departments are provided for : Finance, Revenue, 
and Public Supplies; Public Health and Safety; Public Works; and the 
Department of Audit. Each Councilman is assigned by the Council to serve 
as head of a department. 



438 APPENDIX E 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; 
Referendum (10 per cent) ; Recall (20 per cent). 

Police Court: Established by state law. Consists of one judge elected 
at county elections for four years. 

Special Provision : No franchise may be granted for a longer term than 
twenty-five years. 

3. San Diego, 1889, 1901, 1905, 1909 1 

Officers elected at Large : Mayor, Treasurer-Tax-Collector, five Council- 
men, and five members of the Board of Education. The Mayor is elected 
for two years ; the others for four. 

Elections : The municipal election is held on the first Tuesday after the 
first Monday in April of odd years. A nonpartisan direct primary is held 
two weeks before the municipal election. Fifty signatures are required for 
a candidate's name to be printed on the primary election ballot. 

Mayor : Enforces laws and ordinances. Has the veto power. Supervises 
other officers and must report negligence or malfeasance to the Council. 
Appoints, with the approval of the Council, three Library Trustees, three 
Park Commissioners, five members of the Board of Health, three Cemetery 
Commissioners, and an Audi tor- Assessor. 

Council : Consists of the five Councilmen. The legislative authority 
of the city ; and acts as a Board of Public Works, and as a Police and Fire 
Board. Appoints an Attorney, Clerk, Engineer, Fire Chief, Chief of Po- 
lice, and may provide for and appoint other necessary officers and assist- 
ants. The Council may provide that the work of the Assessor, Tax Col- 
lector, and Treasurer, or either of them, shall be done by the corresponding 
county officers. 

Departments : The following administrative departments are provided 
for : Finance, Ways and Means ; Police, Health, and Morals ; Streets and 
Buildings; Fire and Sewers; and the Water Departments The Council 
appoints one of its members to serve as head of each department. 

Powers granted the People : Initiative (5 per cent, 15 per cent) ; Referen- 
dum (7 per cent) ; Recall (25 per cent). 

Police Court: Established by state law. Consists of one judge elected 
at county elections for four years. 

4. Napa, 1893, 1903 

Officers elected at Large : Mayor ; Engineer-Superintendent-of-Streets ; 
Clerk-Treasurer-Tax-Collector ; Attorney- Auditor ; and Marshal- Asses- 
sor-License-Collector. 

1 The iqoq amendment changed the charter to the commission type. 



APPENDIX E 439 

Officers elected by Wards : One Councilman by each of the five wards. 
The Councilmen are elected for four years ; ths others, for two. 

Elections : The municipal election is held on the first Monday in May 
of odd years. No provision is made for primary elections. 

Mayor : President of the Council. Has the veto power, but no vote 
except in case of a tie. Enforces laws and ordinances. Appoints five 
Library Trustees, with the approval of the Council. Receives no compen- 
sation. 

Council : Has general charge of the city government. Acts as a Board 
of Public Works, and is charged with the duty of providing for Police, Fire, 
and Health departments. Appoints a City Attorney and prescribes the 
duties of all city officers. The members receive no compensation. 

Public Schools are not provided for by the charter. 

Police Court : Any Justice of the Peace having his office in the city is by 
the charter given the powers of a police judge for the city. 



5. Sacramento, 191 1 

Officers elected at Large : Five City Commissioners, who are ex officio 
members of the Board of Education. The term of office is five years, one 
Commissioner being elected each year. 

Elections : A municipal election is held on the first Saturday in May each 
year. Names of candidates are printed on the ballot alphabetically, each 
on petition of from one hundred to three hundred names. Any candidate 
receiving a majority vote is elected. In case no one receives a majority, 
a second election is held the second Saturday after the result of the first 
is announced, to choose between the two candidates receiving the highest 
vote. 

Mayor : The charter provides for no Mayor, but the President of the 
Commission performs many duties that devolve upon a mayor in other 
cities. In all that he does he is subject to the Commission. 

Commission: It is the legislative and executive authority of the city. 
Appoints the following officers of the first class : Attorney, Assessor, Treas- 
urer, Auditor, Collector, Clerk, Engineer, Police Judge, and Purchasing 
Agent ; and the following of the second class : Librarian, Superintendent 
of Streets, Health Officer, Chief of Police, Fire Chief, Municipal Employment 
Agent, Machinist, Building Inspector, Electrician, and Engineer of Water 
Works. Officers of either class serve during the pleasure of the commission. 
The commission also appoints a Civil Service Board, of three members, 
each for six years ; and four Playground Directors, and four Park Directors, 
each for eight years. The Commissioner of Education is a member and presi- 



440 APPENDIX E 

dent of the Playground Board, and also of the Park Board. The city library 
is under his supervision. 

Departments : Five departments are provided for : Public Works ; Streets ; 
Public Health and Safety; Education; and Finance. One commissioner 
is placed in charge of each department. 

Powers granted the People : Initiative (5 per cent, 15 per cent) ; Ref- 
erendum (10 per cent) ; Recall (10 per cent). The percentages are based 
on the total registration at the time of the last municipal election. 

Police Court: Established by the charter. Consists of one judge ap- 
pointed by the Commission. 

Special Provisions : (1) No franchise may be granted for a longer term 
than twenty-five years. (2) The City Clerk must issue once a week an 
" Official Gazette " in which all the proceedings of the Commission, and 
other official matter shall be published. 

6. Grass Valley, 1893, 1909 

Officers elected at Large : A Mayor ; a Marshal, who is ex officio Chief 
of Police, Tax Collector, and Superintendent of Streets; a Treasurer; a 
Collector and Superintendent for the Water System ; seven City Trustees, 
one from each election precinct ; and eight School Directors, one from each 
precinct, and one from that portion of the school district outside of the city. 
The term of office is two years. 

Elections: The municipal election is held on the third Monday in May 
of odd years. The school election is held each year at the time set by state 
law ; that is, the first Friday in April. Half of the School Directors are 
elected each year. No provision is made for primary elections. 

Board of Trustees: Consists of the Mayor and Trustees. The Mayor 
is president and may vote, but has no veto power. The Board has general 
charge of the city government. Appoints a Clerk, who is ex officio Audi- 
tor and Assessor ; and five members of the Board of Health ; and employs 
an Attorney and Surveyor when necessary. Acts as a Board of Public 
Works and has general control of the Police and Fire Departments. 

Police Court : Any Justice of the Peace of Grass Valley Township is by 
the charter given the powers of a police judge for the city. 

7. Berkeley, 1909 

Officers elected at Large : Mayor, Auditor, four Councilmen, and four 
School Directors. The Board of Education consists of the School Direc- 
tors and the Commissioner of Finance and Revenue. The Mayor and Audi- 
tor are elected for two years; the others, for four. 



APPENDIX E 441 

Elections : A municipal election is held on the first Saturday in April of 
odd years. Names of candidates for each office are printed on the ballot 
alphabetically, without party designation, each on petition of at least twenty- 
five voters. Any candidate receiving a majority vote is elected. If any 
office is not filled by this election, a second election is held the third Saturday 
following to choose between the two candidates receiving the highest vote. 
In case more than one is to be elected to any office, the number of candidates 
at the second election equals twice the number to be elected. 

Mayor : A member and president of the Council. Has a vote, but no 
veto power. Enforces laws and ordinances. 

Council : Consists of the Mayor and the four Councilmen. It is the 
center of all municipal authority. Appoints a City Clerk, Assessor, 
Treasurer, Tax Collector, Attorney, Engineer, Chief of Police, Fire Chief, 
Street Superintendent, Health Officer, five Library Trustees; and must 
appoint, or provide for the appointment of, other necessary officers and em- 
ployees. The Council may consolidate any two or more of these offices. 

Departments : Four departments are provided for : Finance and Revenue ; 
Public Health and Safety ; Public Works ; and Public Supplies. The Coun- 
cil selects one of its number, other than the Mayor, to serve as commissioner 
or head of each department. 

Powers granted to the People : Initiative (5 per cent, 15 per cent) ; Ref- 
erendum (10 per cent) ; Recall (20 per cent). 

Police Court : Established by state law. Consists of one judge elected 
at county elections for four years. 

Special Provision : The sale of liquor is prohibited by the charter, except 
to druggists on physicians' prescriptions or for mechanical or scientific 
purposes. 

8. Eureka, 1895, 1907, 1911 

Officers elected at Large : Mayor, Assessor, Treasurer, Tax Collector, 
Police Judge, Attorney, Clerk, Engineer, and Superintendent of Streets. 

Officers elected by Wards : Each of the five wards elects one Councilman, 
one School Director, and one Library Trustee. School Directors are elected 
for four years ; the others, for two. 

Elections : The municipal election is held on the third Monday in June 
of odd years. No provision is made for primary elections. 

Mayor: President of the Council. Has veto power but no vote 
except in case of a tie. Supervises other officers and may suspend any officer 
pending an investigation by the Council. Appoints, with the approval of 
the Council, a chief and other members of the Police Department; a Fire 
Chief and assistants ; and three members of the Board of Health, the Mayor, 
who is chairman, and the City Engineer also being members. 



442 APPENDIX E 

Council : The legislative body. Acts as a Board of Public Works, and 
must provide for Police and Fire Departments, and for public parks. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Refer- 
endum (10 per cent, 15 per cent) ; Recall (25 per cent). Percentages based 
on registration, except in case of the Recall, where it is based on the last 
vote for the office in question. 

Police Court : Established by the charter. One judge elected for two years. 

Special Provision: The charter gives the city power to acquire public 
utilities, and to supply the city and its inhabitants with " water, ice, meat, 
or any other food products or necessities of life." 

9. San Jose, 1897, 1901, 1903 

Officers elected at Large: Mayor, Treasurer-Tax-Collector, Clerk- 
Assessor, Police Judge, and five Councilmen. One Councilman is nominated 
by each of the four wards and one from the city at large. The Councilmen 
are elected for four years ; the others, for two. 

Elections : The municipal election is held on the third Monday in May of 
even years. No provision is made for primary elections. 

Mayor : President of the Council. Has the veto power but no vote. 
Enforces laws and ordinances. Supervises other officers and may suspend 
any officer pending an investigation by the Council. Appoints, with the 
approval of the Council, a City Attorney, Superintendent of Streets, and 
City Engineer ; without such approval, five members each of the Board of 
Health, Board of Education, Library Board, Board of Park Commissioners, 
and the Police and Fire Board. The members of these boards serve four 
years. One member of the Board of Education must be appointed from 
each ward, and one from the city at large. 

Council : Is the legislative authority and acts as a Board of Public Works. 

Finances: The Clerk performs the duties of Auditor. The Council is given 
power to provide for the assessment of property and the collection of taxes 
by county officers. 

Police Court : Established by the charter. Consists of one judge elected 
for two years. 

10. Los AngeJes, 1889, 1903, 1905, 1907, 1909, 191 1 

Officers elected at Large : Mayor, Attorney, Auditor, Assessor, nine Coun- 
cilmen, and seven members of the Board of Education. The term of office 
is two years. 

Elections: An election is held on the first Tuesday in May of odd years. 
Names of candidates are printed on the ballot alphabetically according to 



APPENDIX E 443 

the respective offices, each on petition of from 500 to 1000 voters. Any 
candidate receiving a majority vote is elected. Offices not filled at this 
election are filled at a second election held the first Tuesday in June 
following, the candidates for each office being the two receiving the highest 
vote at the first election. If more than one person is to be elected to any 
office, the number of candidates equals twice the number to be elected. 

Mayor : Has the veto power. Supervises the conduct of other offi- 
cers and must report negligence or malfeasance to the Council or proper 
board. Appoints, without the approval of the Council, a Chief of Police 
and a Fire Chief ; with the approval of the Council, a Health Commissioner ; 
a City Prosecutor; five Library Directors; three Park Commissioners; 
three members of the Board of Public Utilities; three Harbor Commis- 
sioners; three members of the Board of Public Works; five Playground 
Commissioners; five Public Service Commissioners, who have charge of 
the municipal water system ; five members of the Civil Service Board ; two 
members of the Police Board, and two of the Fire Board, the Mayor being 
a member and president of each; and five members of the Municipal Art 
Commission, the Mayor, Engineer, and Building Inspector being members, 
and also for the time being the head of any department affected by any ac- 
tion of the commission. 

Council : Is the legislative authority. 

Other appointive officers and employees are chosen by the various boards 
and commissions. 

Powers granted the People : Initiative (5 per cent, 10 per cent) ; Ref- 
erendum (10 per cent, 15 per cent) ; Recall (20 per cent). 

Police Court: Established by law. Consists of five judges elected at 
county elections for four years. 

Special Feature : The functions of the city government are divided by 
the Council into nine divisions, and one Councilman is assigned to each di- 
vision as a committee of one to keep himself and the Council fully in- 
formed concerning its affairs. He has no administrative control over his 
division, but is to investigate its affairs and make recommendations to the 
Council. The Council has power to issue instructions to administrative 
officers and boards which they must obey. 

11. The City and County of San Francisco, 1899, 1903, 191 1 

Officers elected at Large: The following are elected every four 
years (ion, 1915, etc.) at the municipal elections: Mayor, Auditor, Asses- 
sor, two of the four Police Judges, nine of the eighteen Supervisors, County 
Clerk, District Attorney, Sheriff, and Coroner. 



444 APPENDIX E 

The following are elected every four years (1913, 191 7, etc.) at municipal 
elections: City Attorney, Treasurer, Tax Collector, two Police Judges, 
nine of the eighteen Supervisors, Recorder, and Public Administrator. 

The following are elected every four years (1914, 1918, etc.) at the regu- 
lar state and county election : A Superintendent of Schools, and five Jus- 
tices of the Peace. 

Sixteen Superior Judges are elected, five or six every two years, each 
for six years, at the regular state and county election. 

All but Superior Judges are elected for four years. Those in italics are 
distinctively county officers, there being no city officers with which they 
could be consolidated. 

Elections : A municipal primary election is held on the last Tuesday in 
September of odd years. Names of candidates for each office are printed 
on the ballot alphabetically, without party designations, on the filing of 
declarations of candidacy by the candidates, and certificates by not less 
than ten nor more than twenty sponsors for each candidate. They are filed 
with the Registrar of Voters. The sponsors must appear personally before 
him. Any candidate receiving a majority vote is elected. If any office is 
not filled by this election, a second election is held on Tuesday after the first 
Monday in November to choose between the two candidates receiving the 
highest vote. In case more than one person is to be elected to the same ofiice, 
as that of Supervisor, the number of candidates equals twice the number to 
be elected. 

Mayor: Enforces laws and ordinances. He is president of the Board 
of Supervisors and has the veto power, but no vote. Appoints, with- 
out the approval of the Supervisors, for terms of four years : four Police 
Commissioners ; four Fire Commissioners ; five Park Commissioners ; four 
members of the Board of Education, who give their entire time to their 
official duties and receive each $3000 a year; and five Election Commis- 
sioners. He appoints for three years, one each year, three members of 
the Board of Public Works; for six years, one every second year, three 
members of the Civil Service Commission ; and for seven years, one each 
year, seven members of the Board of Health. The Mayor is an ex officio 
member of the Library Board — the said Board having eleven other mem- 
bers who serve without pay for an indefinite term. Vacancies are filled by 
the Board. 

Other officers, deputies, and employees are appointed by the various 
boards and elective officers. The Board of Public Works consists of the 
following subdepartments, each having its corps of officers and employees : 
the Department of Bookkeeping and Accounting, the Street Repair Depart- 
ment ; and the bureaus of Engineering, Architecture, Building and Repairs 



APPENDIX E 445 

Buildings Inspection, Streets, Sidewalk Inspection, Street Sweeping, Sewers, 
and Light and Water. The Registrar of Voters is appointed by the Election 
Commissioners. 

Board of Supervisors: Consists of eighteen members. It is the legis- 
lative authority of the city and county, but has no appointive or other exec- 
utive power. 

Powers granted the People : Initiative (4 per cent, 10 per cent) ; Ref- 
erendum (5 per cent) ; Recall (10 per cent, but at least 7000 signatures are 
required). The basis for the percentages in case of the Initiative is the 
entire registered vote ; in case of the Referendum and the Recall, it is the 
vote for Mayor at the last election. 

Police Court : Established by the charter. Four judges elected for four 
years. 

12. Santa Barbara, 1899, 1905, 1909 

Officers elected at Large : Mayor, Attorney, Clerk-Auditor-Assessor, 1 
Treasurer-Tax-Collector, Police Judge, five Library Trustees, and five 
School Trustees. 

Officers elected by Wards : Seven Councilmen, one by each of the seven 
wards. The School Trustees are elected for four years; the others, for 
two. 

Elections : The municipal election is held on the first Tuesday in Decem- 
ber of odd years. No provision is made for primary elections. 

Mayor : President of the Council. Has the veto power but no vote 
except in case of a tie. Supervises other officers and must report negligence 
or malfeasance to the Council. Appoints, with the approval of the Council, 
a City Engineer and a Superintendent of Streets; without such approval, 
a Chief of Police and other members of the Police Department, and three 
members of the Board of Health — the Mayor and Attorney also being 
members, the Mayor president. He is a member of the Fire Board, the other 
members being the Chairman of the Finance Committee of the Council, 
and the Fire Chief. The latter is elected by the volunteer firemen of the 
city, or, if they fail to elect, he is appointed by the Mayor. 

Council : Is the legislative authority and acts as a Board of Public 
Works and a Police Board. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Refer- 
endum (10 per cent, 15 percent); Recall (25 per cent). The percentages 
are based on the total registration of voters. 

Police Court : Established by the charter. Consists of one judge elected 
for two years. 

1 Three offices held by the same person. 



446 APPENDIX E 

13. Vallejo, 1911 

Officers elected at Large : Mayor, Auditor-Assessor, two Commissioners, 
and three School Directors. The term of office is four years. 

Elections : A municipal election is held on the first Tuesday in April of 
odd years. Names of candidates are printed on the ballot alphabetically, 
without party designations, each on petition of from twenty-five to fifty 
voters. Any candidate receiving a majority vote is elected. If any office 
is not filled by this election, a second election is held two weeks later to choose 
between the two candidates receiving the highest vote, or in case more than 
one is to be elected to any office the number of candidates equals twice the 
number. 

Mayor: A member and president of the Council. Has a vote but 
no veto power. Enforces laws and ordinances. 

Council: Consists of the Mayor and the two Commissioners. It is 
the legislative and executive authority of the city. Appoints a City 
Clerk, Treasurer-Tax-Collector, Attorney, Engineer, Chief of Police, Fire 
Chief, Street Superintendent, Health Officer, three Library Trustees ; and 
appoints, or provides for the appointment of, other necessary officers and 
employees. The Council may consolidate two or more of these offices. 

Departments: Three departments are provided for: Finance and Sup- 
plies, Public Health and Safety, and Public Works. The Mayor is the 
Commissioner of Finance and Supplies ; and one Commissioner is placed in 
charge of each of the other departments. 

Powers granted the People : Initiative (20 per cent) ; Referendum 
(5 per cent for any ordinance granting a franchise, 20 per cent for any other 
ordinance) ; Recall (20 per cent). 

Police Court : Established by the charter. Consists of one Police Judge 
appointed by the Council for two years. 

Special Provision: No initiative petition may be circulated among the 
voters. Copies of any such petition must be left at the city hall, the pub- 
lic library, and the post office for such voters to sign as may wish to do so. 
Copies of a petition in opposition to the proposed ordinance may also be 
left at the same places. In order to force an election on the proposed or- 
dinance, the petition favoring it must contain signatures equal in number 
to 20 per cent of the vote for mayor at the last election, and these signa- 
tures must also exceed those on the opposing petition. 

14. Fresno, 1901, 1905 

Officers elected at Large: Mayor, Clerk, Police Judge, eight City 
Trustees, and five School Directors. The Trustees are elected one from 
each of the eight wards of the city. The term of office is four years. 






APPENDIX E 447 

Elections : The municipal election is held on the second Monday in 
April, every four years, 1913, 1917, etc. No provision is made for primary 
elections. 

Mayor : President of the Board of Trustees with power to vote only in 
case of a tie. Has veto power. Enforces laws and ordinances. Appoints, 
with the approval of the Board of Trustees, a Superintendent of Streets ; 
Engineer; Attorney; a License Collector; five members of the Board of 
Health ; three members of the Park Commission, the Mayor and Engineer 
also being members, the Mayor president; five Library Trustees; and 
four members of the Police and Fire Board, the Mayor being president 
with power to vote in case of a tie. 

Board of Trustees : The legislative body. Acts as Board of Public Works. 

Finances : The Clerk acts as Auditor. Property is assessed, taxes are 
collected, and money is kept for the city by the county Assessor, Tax- 
Collector, and Treasurer respectively. 

Police Court : Established by the charter. Consists of one judge elected 
for four years. 

15. Pasadena, 1901, 1905, 1909, 1913 1 

Officers elected at Large : Five Commissioners and five members of the 
Board of Education. The term of office is four years. 

Elections : The general municipal election is held on the first Thursday 
in April every odd year, a nonpartisan direct primary being held on the 
third Thursday preceding. Names of candidates are printed on the pri- 
mary election ballots on petition of at least 25 voters. 

Commission: Consists of the five Commissioners, there being no mayor. 
It is the center of all municipal authority. Acts as a board of Public 
Works, Health Board, Police and Fire Board, Library Board, Park Board, 
and Water Board. Appoints a Treasurer-Tax- Collector, Clerk, Attorney, 
Police Judge, Auditor- Assessor, Engineer, Superintendent of Streets, and 
other necessary officers and employees, and assigns to them their duties 
and fixes their salaries. Divides the work of the city government into five 
departments and assigns one of its number to the headship of each depart- 
ment. The names of the departments are not indicated in the charter. 

Powers granted the People : Initiative (10 per cent, 30 per cent) ; Ref- 
erendum (15 per cent); Recall (25 per cent). 

Police Court : Established by the charter. Consists of one judge ap- 
pointed by the Commission. 

Special Provision: 1. No franchise maybe granted for a longer time 
than 20 years, unless power to acquire at any time the property used 
under it be reserved to the city. 

1 The 1913 amendment changed the charter to the commission type. 



448 APPENDIX E 

2. The sale of liquors is prohibited by the charter except in hotels under 
certain definite conditions. 



16. Salinas, 1903, 191 1 

Officers elected at Large: Mayor, Clerk-Assessor, Treasurer-Tax-Col- 
lector, three Library Trustees, a Police Judge if the Council provides for 
his election, and one School Director. 

Officers elected by Wards: Two Councilmen and one School Director 
by each of the four wards. The Councilmen are elected for four years; 
the Library Trustees, for six ; and the others, for two. 

Elections: The municipal election is held the first Monday in June of 
odd years. No provision is made for primary elections. 

Mayor : President of the Council. Has the veto power but no vote ex- 
cept in case of a tie. Supervises officers and may suspend any officer pend- 
ing an investigation by the Council. Appoints, with the approval of the 
Council, three members of the Board of Health ; and three Park Commis- 
sioners, the Mayor and Engineer also being members. 

Council : The legislative body. Acts as a Board of Public Works, and 
as a Police and Fire Board. Appoints a city Attorney, and an Engineer who 
is ex officio Superintendent of Streets. 

Power granted the People : The Referendum (10 per cent). 

Police Court: Established by the charter. One judge elected for two 
years if the Council so provides, otherwise he is appointed by the Mayor. 

17. Watsonville, 1903 

Officers elected at Large: Mayor, Clerk-Auditor-Assessor, Treasurer, 
Police Judge, Chief-of-Police-Tax-Collector. 

Officers elected by Wards : Eight Aldermen, two by each of the four 
wards. The Aldermen are elected for four years; the others, for two. 

Elections : The municipal election is held on the second Monday in May 
of odd years. No provision is made for primary elections. 

Mayor : President of the Board of Aldermen. Has the veto power but 
no vote except in case of a tie. Supervises other officers and may sus- 
pend any officer pending an investigation by the Aldermen. Appoints, with 
the approval of the Board of Aldermen, a Library Board of not less than 
three nor more than five members; and three members of the Board 
of Health, the Mayor, who is chairman, and the City Engineer being 
members. 

Board of Aldermen: The legislative body. Acts as a Board of Public 
Works and is charged with the duty of providing for Fire and Park Depart- 



APPENDIX E 449 

ments. Appoints a City Attorney, and a City Engineer who is ex officio 
Superintendent of Streets and Sewers. 

Schools are not provided for by the charter. 

Police Court: Established by the charter. One judge elected for two 
years. 

18. San Bernardino, 1905 

Officers elected at Large : Mayor, Clerk, Attorney, Police Judge who is 
ex officio Treasurer, and five members of the Board of Education. 

Officers elected by Wards : One Councilman from each of the five wards. 
The Mayor is elected for two years ; other officers, for four. 

Elections: The municipal election is held the second Monday in April 
of odd years. No provision is made for primary elections. 

Mayor : President of the Council. Has the veto power but no vote. 
Enforces laws and ordinances. Appoints, with the approval of the Council, 
a City Engineer; Superintendent of Streets; four members of the Board 
of Health, the Chief of Police being a fifth member ; three Water Commis- 
sioners ; five Library Trustees ; Chief of Police ; and a Fire Chief. 

Council and Mayor : Act as a Board of Public Works, and a Police and Fire 
Board. 

Finances: The Clerk acts as Auditor. Property is assessed and taxes 
are collected for the city by the county Assessor and Tax Collector. The 
Chief of Police is License Collector. 

Powers granted the People : Initiative (30 per cent) ; Referendum (30 
per cent) ; Recall (30 per cent). 

Police Court : Established by the charter. Consists of one judge elected 
for four years. 

19. Santa Rosa, 1905 

Officers elected at Large: Mayor, Clerk, Assessor, Recorder (Police 

Judge). 

Officers elected by Wards : One Councilman by each of the six wards. 
The Councilmen are elected for four years ; the others, for two. 

Elections : The municipal election is held on the first Tuesday in April 
of even years. No provision is made for primary elections. 

Mayor : President of the Council, with power to vote only in case 
of a tie. Has the veto power. Enforces laws and ordinances. Appoints, 
with the approval of the Council, a Chief of Police, Attorney, Treasurer, 
Engineer, Street Commissioner, and five Library Trustees. 

Council and Mayor : Act as a Board of Public Works. Police, Fire, 
and Health Departments are established by ordinance, the Council and 
Mayor acting as a board for each. , 

CIVIL GOV. IN CAL. 2Q 



450 APPENDIX E 

Police Court: Established by the charter. Consists of one judge, the 
" Recorder," elected for two years. 

20. Alameda, 1907 

Officers elected at Large : Mayor, Auditor-Assessor, Treasurer-Tax-Col- 
lector, and nine Councilmen. The Mayor is elected for two years; the 
others, for four. 

Elections : The municipal election is held on the second Monday in April 
of odd years. No primary election is held. Candidates are nominated 
by petition. One Councilman is elected from candidates nominated by 
each of the seven wards ; all other candidates are nominated at large. The 
ward nominations require twenty signatures ; those at large, fifty. Names 
of candidates for each office are printed alphabetically on the election 
ballot, no party designations being permitted. A plurality in each case 
elects. 

Mayor: President of the Council. Has the veto power but no vote. 
Supervises other officials and must report negligence or malfeasance to the 
Council. Appoints, with the approval of the Council, a City Engineer, 
five members of the Board of Education, three Police and Fire Commis- 
sioners, and three members of the Board of Electricity. 

Council : Is the legislative body and acts as a Board of Public Works. 
Appoints a City Clerk, Attorney, Street Superintendent, five members of 
the Board of Health, and five Library Trustees. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Referen- 
dum (10 per cent, 15 per cent) ; Recall (25 per cent). The percentages for 
the Initiative and Referendum are based on the total registration ; that 
for the Recall, on the last vote for mayor. 

Police Court : The charter provides for a Court which, when established, 
by order of the Council, will consist of one judge elected for two years. In 
the meantime the Court established by law is to continue. 

21. Long Beach, 1907, 1913 

Officers elected at Large: Mayor, seven Councilmen, Clerk, Attorney, 
Treasurer, Police Judge, Auditor, Assessor, Tax Collector, and five School 
Directors. The term of office is two years. 

Elections : A municipal election is held on the second Tuesday in Novem- 
ber every odd year. Names of candidates for each office are printed on the 
ballots, without party designations, each on petition of from 25 to 35 voters. 
Any one receiving a majority vote is elected. If any office is not filled at this 
election a second election is held three weeks later to choose between the two 



APPENDIX E 451 

candidates receiving the highest vote. In case more than one person is 
to be elected to any office the number of candidates equals twice the 
number to be elected. School Directors are elected on the first Friday in 
April every odd year. 

Mayor : President of the Council. Has the veto power but no vote. 
Supervises other officers and must report negligence or malfeasance to the 
Council or proper board. Appoints, with the approval of the Council, three 
members of the Board of Public Works, three members of the Civil Service 
Board ; and two members of the Police Board, two of the Fire Board, four 
of the Health Board, and four of the Library Board, he being a member 
and presiding officer of each of these four boards. 

Council : Is the legislative authority. 

Powers granted the People : Initiative (10 per cent, 30 per cent) ; Referen- 
dum (25 per cent); Recall (40 per cent). 

Police Court : Established by the charter. Consists of one judge elected 
for two years. 

Special Provisions: 1. The sale of intoxicating liquors is prohibited by 
the charter except for medicinal purposes. Druggists may sell alcohol for 
mechanical or scientific purposes. 

2. No one is permitted to circulate initiative, referendum, or recall peti- 
tions, but all such petitions must be left at certain specified places for volun- 
tary signatures. 

3. The charter confers upon the State Railroad Commission the power 
to regulate and control all common carriers (including street car lines) within 
the city limits. (See sec. 23, article XII, of the state constitution.) 



22. Riverside, 1907 

Officers elected at Large : Mayor, Clerk- Assessor, Treasurer-Tax-Col- 
lector, Auditor, and five members of the Board of Education. 

Officers elected by Wards : One Councilman by each of the six wards. 
The Mayor is elected for two years ; the others, for four. 

Elections : The municipal election is held on the third Tuesday in Novem- 
ber of odd years. No provision is made for primary elections. 

Mayor : President of the Council. Has the veto power but no vote 
except in case of a tie. Supervises other officers. May remove any ap- 
pointive officer at any time and may suspend any elective officer pending an 
investigation by the Council. Appoints, without the approval of the Council, 
a City Engineer ; Attorney ; Superintendent of Streets ; Chief of Police ; 
Fire Chief ; five Library Trustees ; five Park Commissioners ; four members 
of the Board of Public Utilities — he being a fifth member and president ; 



452 APPENDIX E 

and three members of the Board of Health — the Mayor, who is president, 
and the City Engineer also being members. 

Council : Is the legislative authority and acts as a Board of Public 
Works. 

Policemen and Firemen are appointed by their respective Chiefs. 

Powers granted the People : Initiative (10 per cent, 15 per cent) ; Ref- 
erendum (10 per cent, 15 per cent) ; Recall (25 per cent). 

Police Court: Established by the charter. Consists of one judge ap- 
pointed by the Mayor. The Mayor may appoint a Justice of the Peace 
of Riverside Township. 

23. Santa Cruz, 191 1 

Officers elected at Large : For two years, the Mayor and three members 
of an Auditing Committee; for four years, four Commissioners, and five 
School Directors. 

Elections : The municipal election is held on the first Tuesday after the 
first Monday in May of odd years. Names of candidates for each office are 
printed on the ballot alphabetically, without party designations, each on 
petition of twenty-five voters. Any candidate receiving a majority vote is 
elected. If any office is not filled by this election, a second election is held 
two weeks later to choose between the two candidates receiving the highest 
vote. In case more than one is to be elected to any office the number of 
candidates equals twice the number to be elected. 

Mayor: A member and president of the Council. Has a vote but no 
veto power. Enforces laws and ordinances and is Commissioner of Public 
Affairs. Appoints, with the approval of the Council, a City Attorney and 
five Library Trustees. 

Council : Consists of the Mayor and four Councilmen. It is the center 
of all municipal authority. Appoints a Clerk-Assessor, and may when 
necessary provide for the appointment of officers and employees not specified 
in the charter. 

Departments : Five departments are provided for : Public Affairs ; Rev- 
enue and Finance; Health and Safety; Public Works; and Streets and 
Parks. The Mayor is Commissioner of Public Affairs. The Council selects 
one of its number, other than the Mayor, to serve as commissioner of each 
department. 

Officers appointed by the Commissioners with the Approval of the Council : 
By the Commissioner of Revenue and Finance, the Treasurer-Tax-Collector ; 
by the Commissioner of Public Health and Safety, the Police Judge, Chief 
of Police, the Fire Chief and an Assistant, Health Officer, Superintend- 
ent of the Electrical Department, and the Plumbing and Building Inspec- 



APPENDIX E 453 

tor ; by the Commissioner of Public Works, a Superintendent of Water- 
works ; by the Commissioner of Streets and Parks, the Street Superintend- 
ent, and the Engineer-Surveyor. 

Minor officers and employees are appointed by the Commissioners, with- 
out the approval of the Council. 

The Auditing Committee appoints an Accountant to examine the books 
and keep track of the finances of each department. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Ref- 
erendum (10 per cent) ; Recall (15 per cent). 

Police Court : Established by the charter. Consists of one judge appointed 
for four years. 

24. Santa Monica, 1907 

Officers elected at Large : Mayor, Clerk, Treasurer-Tax-Collector, As- 
sessor, and five members of the Board of Education. 

Officers elected by Wards : One Councilman by each of the seven wards. 
The term of office is two years. 

Elections : The municipal election is held on the first Tuesday in December 
of odd years. No provision is made for primary elections. 

Mayor: Has the veto power. Supervises the conduct of other officers 
and must report negligence or malfeasance to the Council or proper board. 
Appoints, with the approval of the Council, a City Engineer; City At- 
torney; Superintendent of Buildings; Superintendent of Streets; five 
Library Trustees ; and two members each of the Police Board, Fire Board, 
Park Board, and Board of Health, — he being a member and presiding officer 
of each of these four boards. 

Council : Is the legislative body and the Board of Public Works. 

Powers granted the People : Initiative (25 per cent, 30 per cent) ; Ref- 
erendum (25 per cent, 30 per cent) ; Recall (40 per cent). The basis of the 
percentages is the total registration ; except for the Recall, in which case it is 
the last vote for the office in question. 

Police Court : Established by law. One judge elected for four years at 
county elections. 

26. Palo Alto, 1909 

Officers elected at Large : Fifteen Councilmen to serve for six years, five 
being elected every two years ; and five members of the Board of Education 
to serve for five years, one being elected each year. 

Elections : The municipal election is held on the second Monday in May 
of odd years. The school district election is held on the third Saturday of 
April each year. No provision is made for primary elections, but power 



454 APPENDIX E 

is granted to the Council, or to the people, to make such provision by or- 
dinance. 

Mayor: The Council elects annually one of its number as its presid- 
ing officer, and he becomes the Mayor of the city. He has a vote in 
the Council but no veto power. He sees that laws and ordinances are 
enforced. 

Council : It is the center of all municipal authority. Appoints three 
members of the Board of Public Works, three members of the Board of 
Public Safety, three Library Trustees, one Police Judge; and must ap- 
point, or provide for the appointment of, a City Clerk, Treasurer, Audi- 
tor, Tax Collector, Assessor, Attorney, and other necessary officers and 
employees. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Refer- 
endum (10 per cent, 20 per cent) ; Recall (20 per cent). 

Police Court: Established by the charter. Consists of one judge ap- 
pointed by the Council to serve during its pleasure. 

26. Richmond, 1909 

Officers elected at Large : Nine Councilmen to serve for six years, three 
being elected every two years ; and three members of the Board of Educa- 
tion to serve for six years, one being elected every two years. 

Elections : The municipal election is held on the second Monday in May 
of odd years ; the school election, on the first Saturday in May of even years. 
Any candidate is nominated by a petition signed by voters equal to 3 per 
cent of the votes cast at the last election. If the nominations for either 
election amount to more than twice the number of officers to be elected, a 
nonpartisan direct primary is held two weeks before the election to eliminate 
all but twice the number. 

Mayor : The Council elects annually one of its number as its presiding 
officer, and he becomes Mayor of the city. He has a vote in the Council 
but no veto power. He sees that laws and ordinances are enforced. 

Council: It is the center of all municipal authority. It appoints a 
Commissioner of Health, and a Health Officer; and must appoint, or 
provide for the appointment of, a City Clerk, Treasurer, Auditor, Tax Col- 
lector, Assessor, Attorney, Engineer, Chief of Police, and other necessary 
officers, employees, and boards or commissions. 

Powers granted the People : Initiative (10 per cent, 25 per cent) ; Referen- 
dum (10 per cent, 25 per cent) ; Recall (25 per cent). 

Police Court : Established by the charter. Consists of one judge appointed 
by the Council to serve during its pleasure. 



APPENDIX E 455 

27. Modesto, 191 1 

Officers elected at Large : Mayor, four Councilmen, and five members 
of the Board of Education. The term of office is four years. 

Elections : The regular municipal election is held on the second Tuesday 
in April of odd years. Names of candidates for each office are printed on 
the ballot alphabetically, without party designations, each on petition of 
twenty-five voters. Any candidate receiving a majority vote is elected. 
If any office is not filled by this election, a second election is held the second 
Tuesday following to choose between the two candidates receiving the high- 
est vote. In case more than one is to be elected to any office, the number of 
candidates at the second election equals twice the number to be elected. 

Mayor: A member and president of the Council. Has a vote but no 
veto power. Enforces laws and ordinances. 

Council : Consists of the Mayor and four Councilmen. It is the center 
of all municipal authority. Appoints a City Clerk, Auditor, Assessor, 
Treasurer, Tax Collector, Attorney, Engineer, Chief of Police, Fire Chief, 
Street Superintendent, Building Inspector, Sewer Inspector, Health Officer, 
five Library Trustees, and other necessary officers and employees. The 
Council may consolidate any two or more of these offices. 

Departments : Four departments are provided for : Finance and Revenue ; 
Health and Safety; Public Works; and Public Supplies. The Council 
selects one of its number, other than the Mayor, to serve as commissioner 
or head of each department. 

Powers granted the People : Initiative (15 per cent, 25 per cent) ; Referen- 
dum (15 per cent) ; Recall (15 per cent). 

Police Court: Established by the charter. Consists of one judge ap- 
pointed by the Council to serve during its pleasure. 

Special Provision : No franchise may be granted by the Council without 
the approval of the voters at an election. No franchise may be granted for 
a longer time than 25 years. 

28. Monterey, 191 1 

Officers elected at Large : The Mayor for two years, and four Councilmen 
for four years. 

Elections : The general municipal election is held on the second Monday 
in April of odd years. No primary elections are held. Candidates are 
nominated on petition of from 25 to 100 voters. Names for each office are 
printed on the ballot alphabetically, no party designations being permitted. 
A plurality in each case elects. 

Mayor : A member and president of the Council. Has a vote but no veto 
power. Enforces laws and ordinances. 



456 APPENDIX E 

Council : Consists of the Mayor and four Councilmen. It is the center 
of all municipal authority. Appoints a City Clerk, Auditor, Assessor, 
Treasurer, Tax Collector, Police Judge, Attorney, Engineer, Chief of Police, 
Fire Chief, Street Superintendent, Building Inspector, Sewer Inspector, 
Health Officer, five Library Trustees, and other necessary officers and em- 
ployees. The Council may consolidate any of these offices. 

Departments : Four departments are provided for : Finance and Revenue ; 
Health and Safety; Public Works; and Public Supplies. The Council 
appoints one of its number, other than the Mayor, to serve as commissioner 
of each department. 

Public Schools are not provided for in the charter. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Refer- 
endum (25 per cent) ; Recall (25 per cent). 

Police Court: Established by the charter. Consists of one judge ap- 
pointed by the Council to serve during its pleasure. 

Special Provision : The Council is given power to provide for a Civil 
Service Board. 

29. Petaluma, 19 11 

Officers elected at Large : For two years : Mayor, Clerk, Auditor, Assessor, 
Treasurer, Tax Collector, Chief of Police, Police Judge, and Superintendent 
of Streets. 

For four years : Six Councilmen, five School Directors, and five Library 
Trustees. 

Elections : The municipal election is held on the second Tuesday in April 
of odd years. No provision is made for primary elections. 

Mayor : A member and president of the Council. Has a vote but no 
veto power. Supervises other officers with power to suspend any officer 
pending an investigation by the Council. 

Council : It is the center of municipal authority. Acts as a Board of 
Public Works. Appoints a City Attorney; Fire Chief; Engineer; three 
Park Commissioners ; three members of the Board of Health — the Mayor, 
who is president, and the City Engineer also being members ; and three Fire 
Commissioners, the Fire Chief and the Chairman of the Finance Committee 
of the Council also being members. 

Powers granted the People : Initiative (15 per cent, 25 per cent) ; Referen- 
dum (15 per cent, 25 per cent) ; Recall (30 per cent). 

Police Court : Established by the charter. Consists of one judge elected 
for two years. 



APPENDIX E 457 

30. Pomona, 1911 

Officers elected at Large : For two years : Mayor, Auditor-Clerk, Asses- 
sor-Tax-Collector-Treasurer, Attorney, Police Judge, and President of the 
Board of Education. 

For four years : Four Councilmen and four members of the Board of 
Education. One of each is nominated by and from each of the four wards 
of the city. 

Elections : The general municipal election is held on the first Monday in 
April of odd years. Candidates are nominated by petition. When nominated 
from the city at large fifty signatures are required ; when nominated from 
wards, twenty-five signatures. A nonpartisan direct primary is held the 
second Monday before the election, if requested by voters equal in number 
to 25 per cent of the votes cast at the last election. In this event only two 
candidates for each office remain after the primary ; otherwise there are as 
many as file the requisite petitions, but no party designations are permitted. 

Council : Consists of the Mayor and the four Councilmen. It is the 
center of all municipal authority. Appoints a Chief of Police, Engineer, 
Street Superintendent, Park Superintendent, five Library Trustees, Health 
Officer, Fire Chief, Building Inspector, and other necessary officers and em- 
ployees. The Council has power to consolidate the offices of Engineer and 
Street Superintendent. 

Departments : Five departments are provided for : Public Works ; 
Finance and Revenue ; Fire and Health ; Police ; and Public Supplies. The 
Mayor is commissioner of Public Works. The Council selects one of its 
number, other than the Mayor, to serve as commissioner of each of the other 
departments. 

Powers granted the People : Initiative (5 per cent, 15 per cent) ; Referen- 
dum (20 per cent) ; Recall (20 per cent). The basis for the percentages in 
the case of the Initiative and the Referendum is the entire registration ; for 
the Recall it is the last vote for the office in question. 

Police Court: Established by the charter. Consists of one judge ap- 
pointed by the Council for two years. 

Special Provision : Liquors may be sold only by druggists on physicians' 
prescriptions. Alcohol is sold only for mechanical or scientific purposes. 

31. San Luis Obispo, 1911 

Officers elected at Large : The Mayor and Clerk- Assessor, each for two 
years ; and four Councilmen and four School Directors, each for four years. 
The Board of Education consists of the four School Directors and the Com- 
missioner of Finance and Revenue. 



458 APPENDIX E 

Elections : The general municipal election is held on the first Monday in 
April of odd years. No primary elections are held. Candidates are nomi- 
nated on petition of from twenty-five to one hundred voters. Names for 
each office are printed alphabetically on the ballot, no party designations 
being permitted. A plurality in each case elects. 

Mayor: A member and president of the Council. Has a vote but no 
veto power. Enforces laws and ordinances. 

Council : Consists of the Mayor and the four Councilmen. It is the 
center of all municipal authority. Appoints a Treasurer, Attorney, Tax 
Collector, Engineer, Chief of Police, Fire Chief, Street Superintendent, five 
Library Trustees, Police Judge, and other necessary officers and employees. 
The Chief of Police and Fire Chief must be nominated by the Commissioner 
of Public Health and Safety ; and the Street Superintendent, by the Com- 
missioner of Public Works. The Council may consolidate any of these offices. 

Departments : Four departments are provided for : Finance and Rev- 
enue; Health and Safety; Public Works; and Public Supplies. The 
Council selects one of its number, other than the Mayor, as commissioner 
of each department. 

Powers granted the People : Initiative (10 per cent, 25 per cent) ; Referen- 
dum (10 per cent) ; Recall (25 per cent). 

Police Court : Established by the charter. Consists of one judge ap- 
pointed by the Council to serve during its pleasure. 

32. San Rafael, 19 13 

Officers elected at Large : Mayor, four Councilmen, five School Directors, 
Clerk, Attorney, Chief of Police, Treasurer, Assessor, Tax Collector, and 
Police Judge. The Council may consolidate certain offices. The term of 
office for the Mayor is two years ; for all other officers, four. 

Elections: A municipal election is held on the second Monday in April 
every odd year. Names of candidates for each office are printed alphabeti- 
cally on the ballots, without party designations, each on petition of from 50 
to 100 voters. A plurality elects. No primaries are provided for. 

Mayor: Enforces laws and ordinances. A member and president of the 
Council, having a vote but no veto power. Appoints a Library Board of 
five members. 

Council : Consists of the Mayor and four Councilmen. Is the center of 
municipal authority. Acts as a Board of Public Works, and appoints an 
Engineer ; a Superintendent of Streets ; a Health Officer ; a Fire Chief ; a 
Pound Master ; two members of the Board of Health, the other members 
being the Mayor, the Engineer, and the Health officer ; three members of 
the Fire Commission, the other members being the Chairman of the Finance 



APPENDIX E 459 

Committee of the Council, and the Fire Chief; and five members of the 
Park Commission. 

Police Court : Established by the charter. Consists of one judge elected 
for four years. 

Powers granted the People : Initiative (10 per cent, 20 per cent) ; Refer- 
endum (10 per cent) ; Recall (20 per cent). 

Special features: 1. The Mayor and members of the Council receive no 
compensation, except $ 10 a day when sitting as a Board of Equalization. 

2. At a recall election candidates for the office in question are not voted 
for. If the officer is recalled, the vacancy is filled in the same manner as 
other vacancies. 



INDEX 



(Numbers refer to pages; numbers in italic refer to the state constitution.) 



Adjutant general, 188 

Advisory board, engineering department, 

health department, 245 
Agriculture, state board of, 238 
Amending the constitution, 405 
Apiaries, inspector of, g8 
Appeals, 291, 296, 357, 358 
Appellate jurisdiction, 302 
Appointive officers, state, 209, 264 
Appropriations, city, 131, 135 

county, 103 

state, 343 
Architect, state, 224 
Architecture, state board of, 248 
Arraignment, 295 
Arrest, 293 
Assembly, compensation of members, 345 

election of members, 175, 33Q 

organization of, 176 
Assembly districts, 28, 175, 340 
Assessment of property, 396 seq. 
Assessments for the state, 196 
Assessor, county, 83 
Attaches, 176, 177, 345 
Attachment, writ of, 290 
Attorney-general, 206 
Attorneys, certificates of, 322 
Auditor, county, 87 

Bail, 294, 328 

Bailiff, 301 

Banks, kinds of, 214 

state superintendent of, 215, 216 
Bertillon system, 146, 251 
Bill of attainder, 330 
Births and deaths, 89 
Blind, home for adult, 254 
Blind and deaf, institution for, 253 
"Blue sky" law, 222 
Board of control, state, 202 



Board of education, city, 125, 271 

county, 125, 275, 367 

state, 277, 367 
Board of equalization, city, 131 

county, 78, 397 

state, 194, 397 
Board of health, city, 148 seq. 

state, 148, 244, 410 
Bonds, city, 135 

county, 102 

school district, 270 

state, 404 
Boss, 22 



Boundaries of cities, 117 

Budget, 200 

Building and loan commissioner, 220 

Burial permits, 89 

Campaign expenses, 32 

Candidates, names of, on ballots, 25 

Capitol and grounds, superintendent of, 259 

Centralized government, 57 

Certiorari, writs of, 303 

Charities and corrections, state board of, 254 

Charters, of cities, 113, 116, 128, 379, App. E 

of corporations, 51 

of counties, 108, 372, App. D 
Chinese, 406 
City, attorney, 136 

boundaries of, 117 

clerk, 26, 134 

councils, 130 

disincorporation of, 117 

finances of, 135 

general character of, 112 

incorporation of, 115, 372 

meaning of word, 112 

officers and departments of, 128 

relations to county, 122 



460 



INDEX 



461 



City, relations to state, 118 

relations to the United States, 118 

suits against, 120. 
Civil cases, 286 seq. 
Civil service, 161, 261 
Claims against the state, 203 
Class charters, 114 
Code commission, 259 
Commission plan, 139 
Complaint, 289 

Compromise type of government, 63 
Conference committee, 179 
Congressional districts, 348, App. B 
Congressional townships, 65, 205 
Consolidated city and county, 124 
Consolidation of offices, 75 
Constables, 92, 123 
Constitutions, state, 173 
Contagious diseases, fight against, 150 
Controller, state, 197, 353 
Conventions of political parties, national, 40 

pre-primary, 38 

state, 31 
Coroner, 89 

Corporations, commissioner of, 222 
Corporations, 50, 387 

charters of, 51 

classification of, 56 

formation of, 50 

kinds of, 52 

licenses of, 191 

public, 54 

taxes on, 190, 195 
Counties, charters of, 108, 372, App. D 

classes of, 74 

finances of, 101 seq. 

formation of, 68 

list of, App. C 

list of county officers, 72, 73 

relations to state, 70 

revenues of, 101 

suits against, 104 

uniformity of government, 75 
County clerk, 26, 82 
County farms, 79 
County government act, 75 
County law libraries, 314 
County seat, establishment of, 69 

removal of, 370 
County taxes, 78, 101 
Court commissioners, 305, 362 
Court decisions, 321 



Court reporter, 73, 321 
Courts, list of, 297 

purpose of, 285 
Courts of record, 321, 362 
Criminal cases, 286, 292 
Criminal identification, bureau of, 251 

Dairy bureau, 239 

Declaration of rights, 327 

Deficiencies, 204 

Delinquent children, 311 

Delinquent taxes, 85, 198 

Dental examiners, 247 

Dependent children, 311 

Detention home, 312 

Direct primary, 24, 333 

District attorney, 93 

District courts of appeal, judges of, 315, 357 

jurisdiction of, 319, 356 

printed decisions of, 321 

sessions of, 315 

Election expenses, 32 
Elections, nonpartisan, 33 

primary, 24 

regular, 36 
Eminent domain, 38Q 
Employment agencies, 241 
Engineer, county, 91 

state, 223 
Engineering, state department of, 223 
Equalization, city, 131 

county, 78, 397 

state, 194, 397 
Equity cases, 287 
Escheated estates, 192 
Examination, preliminary, 293, 307 
Execution of judgments, 291, 295 
Executor, 94 
Ex post facto law, 330 

Feeble-minded children, home for, 249 
Fees, of city officers, 135 

of county officers, 101 

of state officers, 192 
Felony, 292 
Finances, city, 135 

county, 1 01 

school, 279 

state, 193 
Fire department, city, 147 
Fire wardens, 228 
Fiscal year, 408 



462 



INDEX 



Fish and game commission, 232 
Fish and game wardens, 98 
Foreigners, rights of, 330 
Forestry, county board of, 97 

state department of, 228 
Franchises, 131, 142 
Freeholders' charters, 115, 372, 379 
Fugitives from justice, 186 

Game farm, 234 

Garbage disposal, 154 

Government, lack of system in state, 263 

purpose of, 15 
Governor, 185 
Grand jury, 306 
Great register, 83 
Great seal, 189, 352 

Habeas corpus, 304, 328 
Harbor commissioners, 226 
Harbor frontage, 40 3 
Hatcheries, fish, 233 
Health department, city, 148 

state, 244, 410 
Health officer, city, 149 

county, 95 
High schools, 273 
Highway engineer, 225 
Highways, state, 224 
Homesteads, 405 
Horticultural commission, county, 95 

state, 234 
Hospitals, state, 248 
Hygienic laboratory, 245 

Immigration and housing, commission of, 256 

Impeachment, 320, 342 

Income tax, 398 

Incorporation of cities, 115 

Indictment, 294, 328 

Industrial accident commission, 241 

Industrial welfare commission, 243 

Inferior courts, 297 seq., 362 

Inheritance tax, 86, 191, 279 

Initiative, 109, 132, 182, 33s 

Inquest, 89 

Insectary, state, 235 

Insurance commissioner, 217 

Jail, 92 

Joint union high school districts, 273 

Journals of senate and assembly, 341 



Judges, election of, 27 

pro tempore, 301 

removal of, 321, 415 seq. 
Judgments, 291, 295 
Judgments against counties, 104 
Judicial offices, 27 
Judicial townships, 67, 297 
Jurors, exemptions from service, 310 

qualifications of, 309 
Jury, coroner's, 309 

grand, 306, 328 

trial, 308, 328 
Justices of the peace, 67, 297 
Juvenile courts, 310 

Labor commissioner, 240 
Laissez faire, 15 seq. 
Landmarks, state, 260 
"Law and Fact," 296 
Law libraries, county, 314 
Laws, how passed, 177 seq., 341 
Legislative counsel bureau, 180 
Legislature, composition of, 175 

organization of, 176 

powers of, 180 seq. 

restrictions on, 182 

sessions of, 175, "3 39 

terms of, 175, 339 
Libraries, city, 160 
Library, state, 258 
Library examiners, 258 
Licenses, 79, 83, 85, 101, 131, 192 
"Lieu lands," 205 
Lieutenant governor, 189 
Live stock inspector, 97 
Local government in sections of the U. S. 

61 seq. 
Local self-government, 57 
Lotteries forbidden, 347 
Lunacy commission, 249 

"Machine," political, 23 
Magistrate, 293 
Mandamus, writs of, 303 
Mayor, 133 
Mechanics' liens, 410 
Medical examiners, 247 
Militia, 187, 365 
Militia roll, 84, 187 
Mineral cabinet, 232 
Mineralogist, state, 232 
Mining bureau, 232 



INDEX 



463 



Misdemeanor, 292, 299 
Mortgages not taxed, 395 
Municipal affairs, 119, 372 

corporations, 54, 372 

courts, 298 

ownership, 157 

National banks, 215 

National guard, 187 

Naturalization of aliens, 304 

Navigable waters, 404 

New counties, 68 

Nomination by conventions, 20 

Nomination "by petition," 35 

Noncontagious diseases, how controlled, 150 

Nonpartisan primaries, 33 

Normal schools, 282 

Oath of office, 408 

Official bonds, of county officers, 74 

of state officers, 185 
Operative property, 196 
Optometry, state board of, 248 
Ordinances, city, 130 

county, 76 
Original jurisdiction, 302 

Panels, jury, 308 

Pardoning power, 364 

Parks, 158 

Paroles, 251 

Party committees, 31 

Permanent road divisions, 49 

Perpetuities, 409 

Pharmacy, state board of, 246 

Pilot commission, 227 

Plaintiff, 286, 289 

Playgrounds, 159 

Pleadings, 289 

Plurality vote, 409 

Police courts, 298 

Police department, 144 

Police power, 80 

Polls, when open, 37 

Poll tax, 83, 191, 279, 398 

Polytechnic state school, 282 

Preferential vote, 34 

Presidential primary, 41 

Primary elections, 24 

Prison directors, 250, 369 

Prisons, 250 

Probation committee, 73, 311 



Probation officers, 73, 311 

Progressive charter, features of, 141 

Prohibition, writs of, 303 

Provisional remedies, 290 

Public administrator, 94 

Public safety, departments of, 144 

Public supplies, 155 

Public utilities, 156, 212, 394 

Public works, 153, 223 

Pupils, 272 

Pure food and drug laboratory, 245 

Pure food law, 245 

Quarantine guardians, 234 
Quarantines, 150, 151, 235, 237 
Quasi corporations, 55 
Quorum in senate and assembly, 340 
Quo warranto, writs of, 303 

Railroad abuses, 209 

Railroad commission, 209 

Railroad rates, 211 

Recall, 106, 132, 139, 321, 415 seq. 

Recorder, 88 

Recorders' courts, 298 

Referee, 290 

Referendum, 109, 132, 182,335 

Reform schools, 252 

Registrar of voters, 25 

Removal of officers, 106, 132, 139, 321, 415 

seq. 
Revenue, county, 101 

state, 190 
Revision of the constitution, 406 
River improvement, 225 
Road districts, 49, 78 
Roadmasters, 78 
Roads, see Highways, 78 

Salaries, of county officers, 74 

of state officers, 207 
School boards, 271 
School districts, 269 

high school districts, 273 

joint union high school districts, 273 

union districts, 270 
School finances, 279 
School land, 205 
School officers, 31 
Search warrants, 331 
Secretary of state, 189 
Senate, committees of, 176 



464 



INDEX 



Senate, organization of, 176 

rules of, 176 

state, 175, 339 
Senatorial districts, 32, 175, 340 
Senators, U. S., election of, 29 
Sheriff, 91, 123 
Short ballot, 39, 141 
Special charters, 113, App. E 
Special sessions of the legislature, 339 
Sphere of the State's activity, 170 
Stanford University, 284, 368 
State, act admitting to the Union, App. A 

claims against, 203 

constitutions, 172 

fair grounds, 238 

greater than a corporation, 53 

indebtedness, 404 

officers, 184, 264 

printing, 259 

relations of, to the nation, 168 

revenues, 190, 395 

subdivisions of, 47 

suits against, 408 

supplies for, 204 

University, 283, 367 
Subregistrars, 89 
Suffrage, rights of, 332 
Superintendent of public instruction, 276 
Superintendent of schools, county, 274 
Superior court, clerk of, 82 

judges of, 301, 3S9 

jurisdiction of, 302, 359 

sessions of, 301, 360 
Supervisors, election of, 76 

general character of their work, 81 

powers of, 77 seq. 
Supreme court, decisions of, 318 

judges of, 316, 354 

jurisdiction of, 319, 35s 

sessions of, 317 



Surveyor-general, 205 
Swamp lands, 206 

Tax, on corporations, 190, 195, 398 

on franchises, 191, 195, 40 1 

property exempt from, 368, 369, 396, 
398 
Taxation, 395 
Tax bills, 88 
Tax collector, 84 
Teachers, 272 

Teachers' certificates, 275, 278 
Terms of office, of county officers, 73 

of state officers, 185 
Tide lands, 206 
Town, 61 

Town meetings, 62 
Township, 62, 64, 65, 67, 297 
Township courts, 67, 297 
Treason, 331 
Treasurer, county, 86 

state, 201 
Trials, civil, 290 

criminal, 295 
Trustees, city, 130 

Vacancies in office, county, 74 

state, 185, 341, 351 
Venire, 309 

Verification deputies, 26 
Veterans' home, 257 
Veterinarian, state, 237 
Veterinary medicine, board of, 248 
Voting, 28 

Water commission, 230 

Weights and measures, department of, 

229 
Women's Relief Corps Home, 258 



SUTTON'S CIVIL GOVERNMENT IN 
CALIFORNIA 

SUPPLEMENT 

Since this book was published some changes in the public law of 
California have been made, by legislation and by constitutional 
amendment. An attempt is made in the following pages to sum up 
the most important of these changes. 

Page 73. — County sealers of weights and measures (§ 149) and 
the county board of public welfare should be added to the list of county 
officers. 

The county board of public welfare may be appointed by the 
board of supervisors, and must be upon the petition of one hundred 
voters in the county. It consists of seven members, both men and 
women, who serve without pay, each for a term of four years. Its 
duty is to inspect and inquire into the management of every char- 
itable or correctional institution in the county which is supported 
either wholly or partly by the county. The county jail, county in- 
firmary, county hospital, county detention home, and similar institu- 
tions, come under its supervision. It makes reports and recommen- 
dations to the county board of supervisors and to the state board of 
charities and corrections. 

Page 83. — The abolition of the poll tax in 1914 modifies somewhat 
the duties of the county assessor, who formerly collected that tax. 

Page 88. — In connection with the recorder the Torrens land law, 
adopted as an initiative measure in 1914, should be mentioned. 
The law provides for the registration of land titles according to the 
Torrens system, first devised by Sir Robert Torrens (1814-1884). 
Any landowner may file with the county clerk, on a blank form 

465 



466 SUTTON'S CIVIL GOVERNMENT IN CALIFORNIA 

furnished by the clerk, an application to the superior court to have 
his land registered according to the law. The Court has the title 
examined, gives any interested parties a hearing, and then issues a 
decree establishing the title and ordering it registered. The county 
recorder enters the certificate of registration in a special volume in 
his office, and gives the owner a duplicate certificate. The certifi- 
cate states the true condition of the title, noting any incumbrances, 
and the state guarantees the title as thus set forth. The title is thus 
not only secure, but any one is able to determine its' exact condition 
from the certificate in the recorder's office, and no further search of 
title is necessary. 

An owner of registered land may sell it by delivering a deed to the 
purchaser and his duplicate certificate to the recorder. The recorder 
makes a note of the transfer on the original certificate in his office, 
and on the duplicate, which he keeps, and issues a new duplicate to 
the new owner. The fee is one dollar, which becomes part of an in- 
surance fund, by which the state guarantees the titles to all registered 
land. The process of mortgaging such land is as simple as that of 
selling it. The purpose of the law is to do away with the necessity 
of having the title to land searched every time it is sold or mortgaged, 
and to provide a method whereby the titles to registered land may be 
guaranteed by the state; but the first expense of getting land regis- 
tered under the law is so heavy that little use has so far been made 
of it. 

Page 92. — Los Angeles township now has six justices of the peace. 

Page 93. — The county sheriff, the district attorney, and the chief 
of police of the county seat, constitute a county parole commission 
with power to parole prisoners' from the jail, or any city prison, in 
the county. 

Pages 119 and 131. — A constitutional amendment adopted in 
1914 (sec. 6, art. XI) modifies the statements in the text to the effect 
that all powers of a city must be definitely stated in its charter. A 
city charter may now confer power upon the city in general terms, 
rather than by a specific enumeration of items, to take full charge of 
its municipal affairs. This is something entirely new in the United 
States. Bakersfield, Napa, and San Jose have taken advantage of 
this provision of the constitution in their new charters. 



SUPPLEMENT 467 

Page 126. — A constitutional amendment adopted in 1914 provides 
a method whereby any city having a population of 50,000 may detach 
itself from the county in which it is located for the purpose of forming 
a consolidated city and county, by obtaining the consent of its voters, 
as well as of those of the county at large, and of the state legislature. 
Additional territory may also be included with the consent of the 
people affected. 

Page 137. — All cities in California now elect their officers by the 
nonpartisan method. This has been brought about in many cases by 
charter modifications, and in others by amendments in the state law. 

Page 141. — The commission plan of city government has continued 
to spread throughout the middle and western divisions of the United 
States. On the whole it has worked more satisfactorily than the plan 
which it replaced, but owing to the fact that it does not place experts 
at the head of the various municipal departments, it has not met the 
expectations of its most ardent advocates. It is to be noted that in 
just this particular it departs from the plan upon which a corporation 
is governed, for the directors of a corporation do not as a rule serve 
as heads of departments. To remedy this weakness in the commission 
plan a plan known as " the city manager plan " has been devised. 

According to the city manager plan the voters of a city elect a 
council of three, five, seven, or more members, which serves as a legis- 
lative body, but which has very limited executive powers. Its members 
do not serve as heads of departments and they receive small salaries. 
The council appoints a city manager who in most cases need not be a 
resident of the city at the time of his appointment. He is the execu- 
tive head of the city government, but is responsible to the council, 
which has the power to remove him at any time. He attends the 
meetings of the council and makes recommendations relative to 
public policies and to the details of the government. He appoints 
all other city officers, except possibly the auditor, the police judge, 
and one or two others, and may remove any of his appointees at any 
time for cause. In making most of his appointments he is governed 
by civil service regulations. This plan agrees with the commission 
plan in that it provides for the short ballot and the concentration 
of power in a few hands, but differs from it in that it makes more 
likely the securing of experts for responsible executive positions. 



468 SUTTON'S CIVIL GOVERNMENT IN CALIFORNIA 

Napa, San Jose, Long Beach, Alhambra, and Bakersfield adopted 
new charters in 191 5; and San Diego and Santa Monica adopted 
amendments to their charters which are very far-reaching. 

The most noticeable features of these charters are as follows : 

1. The city manager plan of government is much in favor. It is 
definitely adopted by San Jose, Bakersfield, and Alhambra; and 
provision is made in the charters of Long Beach and Napa whereby 
it may be taken up later by a vote of the people without the necessity 
of amending the charters. It is adopted in a modified form by 
San Diego, which has a " manager of operation," who has charge of 
the harbor, streets, buildings, sewers, water system, and other en- 
gineering work. 

2. The tendency to eliminate the office of mayor is becoming more 
pronounced. The following cities having freeholders' charters elect 
no mayors: Richmond, Palo Alto, Sacramento, Pasadena, Long 
Beach, Bakersfield, San Jose, Alhambra, and Santa Monica. In some 
of these cities the president of the council has the title of " mayor," 
and in others the office has been merged into that of city manager. 

3. San Diego has given up the commission plan of government for 
the modified city manager plan above referred to. Long Beach, 
Santa Monica, and Napa have changed to the commission plan. In 
Long Beach and Santa Monica each commissioner is elected to a 
definite department. This differs from the method followed in other 
cities, where the commissioners are assigned to their respective de- 
partments after their installation into office. 

4. The charters of Long Beach, Napa, Alhambra, and San Jose 
all provide that vacancies created by recall elections shall be filled 
by appointment in the same manner as other vacancies are filled. A 
recall election in any of these cities will thus be concerned with the 
one proposition of declaring the office or offices in question vacant. 
The distracting question of electing some one to fill the proposed 
vacancy will not enter into the election. 

5. Santa Monica and Napa have adopted the preferential method 
of voting (see page 34). 

Page 144. — In cities having city managers the police, fire, and 
health departments, and the department of public works, are placed 
under his control. 



SUPPLEMENT 469 

Pages 157 and 213, footnotes. — Many cities have followed the ex- 
ample of Palo Alto and Willits in placing the control of their public 
utilities in the hands of the state railroad commission. Section 23, 
article XII, of the constitution was again amended in 19 14 conferring 
upon the legislature power to give the railroad commission control 
over public utilities within city limits. A law passed in 191 5 permits 
cities to determine whether they will retain such power or turn it 
over to the railroad commission. 

Page 177. — The power of the people of the state at large to par- 
ticipate in the making of laws by means of the initiative and the ref- 
erendum should be mentioned here. An initiative petition is signed 
by at least either five or eight per cent of the vote for governor at 
the last election, and is filed with the secretary of state. A measure 
supported by a five per cent petition is submitted by him to the legis- 
lature at its next session, and if not passed without amendment with- 
in forty days it must be placed on the ballot at the next general elec- 
tion. The legislature may, however, propose a substitute law to be 
placed on the same ballot. An eight per cent petition may propose 
either a law or a constitutional amendment which must be placed on 
the ballot at the next general election unless the governor calls a 
special election at an earlier date. 

A five per cent petition may force a referendum on any law passed 
by the legislature if filed with the secretary of state within ninety 
days following the adjournment of the legislature. If such a petition 
is filed, the law in question is suspended from going into effect before 
it is submitted to the voters. It must be placed on the ballot at the 
next general election unless the governor calls a special election at an 
earlier date to consider it. See constitution, article IV, section 1. 
Extensive use is made of the initiative and the referendum at every 
election. 

Page 180. — An important duty of the legislative counsel bureau 
is to assist in the preparation of any initiative measure at any time 
on the request of twenty-five voters. 

Page 189. — A state pardon board has been established whose 
advice the governor may ask when requests for pardons are presented 
to him. This board consists of the lieutenant governor, the attorney 
general, and the wardens of the two state prisons. 



470 SUTTON'S CIVIL GOVERNMENT IN CALIFORNIA 

Page 191. — The poll tax was abolished in 1914. 

Page 193. — Automobile, and other motor vehicle licenses have 
become an important source of income. In the year ending June 30, 
1914, the state received from this source about a million and a quarter 
dollars. 

Page 197. — In case a state tax on general property should be neces- 
sary, as provided for in subdivision (e) of section 14, article XIII, of 
the constitution, such a tax would be imposed by the state board of 
equalization. 

Page 204. — The legislature of 191 5 created a state purchasing 
department under a " state purchasing agent," appointed by the 
governor, to serve during the governor's pleasure, at a salary of $4000 
a year. He may appoint an assistant purchasing agent, a testing 
engineer, and other necessary help, on the approval of the state 
board of control. The department is to establish necessary ware- 
houses at convenient places throughout the state. It is the duty of 
the department " upon the approval of the state board of control 
to contract for and purchase, or direct and supervise the purchase 
of, all supplies of whatever nature necessary for the proper transaction 
of the business of each and every state department, commission, 
board, institution, or official." The state university is, however, 
exempt from this provision, and the board of control is given author- 
ity to make such other exemptions as it may deem wise. 

Page 207. — The salary of each member of the state board of 
control has been changed to $5000. 

Page 221. — The salary of the building and loan commissioner has 
been changed to $3600. 

Page 225. — The legislature of 191 5 proposed an additional state 
bond issue of $15,000,000 for the benefit of the state highway system. 
This is to be voted on at the regular November election in 19 16. 

The legislature of 191 5 created a new department known as the 
" motor vehicle department " to take over from the engineering de- 
partment the work of registering and licensing all automobiles and 
other motor vehicles. At the head of the department is a superintend- 
ent appointed by the governor, to serve during the governor's pleas- 
ure, at a salary of $3000 a year. He appoints a chief clerk and a 
cashier, and may appoint other assistants with the approval of the 



SUPPLEMENT 471 

board of control. It is the duty of the department to register all 
motor vehicles in the state, and to collect from their owners annually 
the fees required by law, issuing licenses as fees are paid. 

Page 226. — The salary of the president of the San Francisco harbor 
board has been changed to $5000. 

Page 231. — One of the most important duties of the water com- 
mission is to investigate and settle conflicting claims to the use of water 
along the streams of the state. Such claims can be settled in this 
way more promptly and with less expense than by the courts. 

Page 232. — The salary of the state mineralogist has been changed 
to S5000. 

The legislature of 191 5 provided for a new department to be at- 
tached to the state mining bureau, and to be known as the " depart- 
ment of petroleum and gas." It is to be in the charge of a supervisor 
appointed by the state mineralogist, at a salary of $4500 a year. 
When a well is drilled down to an oil or a gas deposit, the well must be 
properly cased, and great care must be taken in other ways to prevent 
water going down the opening from higher levels and doing great 
damage to the entire deposit. One careless operator may injure the 
property of many others. The department of petroleum and gas is 
charged with the duty of supervising the " drilling, operation, mainte- 
nance, or abandonment " of all oil and gas wells in the state in order 
to prevent the damage above referred to. All operators must carry 
on their work according to rules laid down by the department. 

Page 234. — The horticultural commissioner is now appointed to 
serve during the pleasure of the governor, instead of for a four-year 
term. 

Page 240. — The labor commissioner now maintains branch offices 
in Los Angeles, Sacramento, and San Diego ; and is soon to establish 
free employment bureaus in San Francisco, Los Angeles, Oakland, 
and Sacramento. His salary is now $4000 a year. 

Page 248. — A new board of examiners known as the " state board 
of embalmers " has been established. This board consists of five 
members appointed by the governor, and its duty is to examine all 
persons who wish to become undertakers in the state. Examinations 
are to be held in San Francisco, Sacramento, and Los Angeles, — ■ 
once annually in each place. 



472 SUTTON'S CIVIL GOVERNMENT IN CALIFORNIA 

Page 249. — The hospital referred to in the footnote has been 
established at Norwalk, Los Angeles county. The hospital for the 
criminal insane at Folsom has never been completed, and work on it 
has been discontinued. The salary of the state dental surgeon has 
been changed to $3600. 

Page 252. — The new reform school, which is known as the Cali- 
fornia School for Girls, has been located near Ventura, and the girls 
from the Whittier school have been removed to it. 

Page 261. — There are about 5000 positions which come under 
the jurisdiction of the state civil service commission. 

Page 262. — In addition to the newly created departments of the 
state government which have been previously mentioned in this 
supplement notice should be taken of two others : 

1. A "state commission market" has been provided for. It is 
to be under the control of a director who is to be appointed by the 
governor to serve for a term of four years, at a salary of $5000 a year. 
The market is to have branches in various parts of the state and is 
to handle farm, dairy, and fishery products for producers only. Such 
products are to be received and sold to dealers, and other buyers 
on commission. The director may appoint a secretary and other 
assistants, and may rent necessary land and buildings to carry on 
his work. It is the aim of the market to assist in bringing the pro- 
ducer and the consumer closer together, the state acting as " middle 
man." It is an attempt on the part of the state to reduce the high 
cost of living. The state does not expect to make any profit in this 
business. The commission charged for handling products is to be 
sufficient only to make the enterprise self-supporting. 

2. A " state irrigation department " has also been established. It 
is to be in charge of a board of three members who are to be appointed 
by the governor to serve for four years. Each member is to receive 
$10 a day for the time he devotes to the public service. Heretofore 
public irrigation projects have been carried on by single irrigation 
districts. Each district has had the entire burden of developing and 
distributing its own water. If a number of districts could cooperate 
in the matter of developing a common water supply, more extensive 
projects of this nature could be undertaken, new sources of supply 
could be utilized, and the irrigated area of the state could be greatly 



SUPPLEMENT 473 

increased. The irrigation department was created to bring about such 
cooperation. If certain neighboring communities are capable of 
being served with water for irrigation purposes from some common 
source, the proper work of the department would be to influence each 
community to organize a local irrigation district and then to organize 
the whole section into a large district under state control — the 
large district to develop the water supply and deliver the water to 
the local districts for distribution among the consumers. The law 
creating the department directs that it shall cooperate with the 
federal government in carrying on its work wherever possible. This 
may be necessary because many sources of water supply are on 
government land; and it may be desirable because the federal 
government itself carries on such work on a large scale, and its 
cooperation would be of great value. 

Pages 264-266. — The following should be added to the list : 

Commission Market Director. 

Embalmers, Board of five members. 

Irrigation Board, State. Three members. 

Purchasing Agent, State. 

Superintendent of Motor Vehicle Department. 

Viticultural Commissioners. Nine members (§ 163). 

Page 274. — Previous to 191 5 high schools received no assistance 
from the counties in which they were located. In 191 5 the legislature 
passed a law to the effect that each county shall tax itself sufficient 
to enable it to contribute to the support of the high schools within its 
borders to the extent of $60 a year per pupil on the basis of average 
daily attendance at school during the preceding year. 

Page 275. —Item (c) (§ 187) should read as follows: "Special 
certificates of any grade, authorizing the holders to teach certain 
subjects, on credentials approved by, or according to qualifications 
established by, the state board." 

Page 277. — The superintendent of public instruction since 191 5 
is by law the secretary of the state board of education. 

Page 278. — The state normal schools have been placed under the 
general supervision of the state board of education, which now has 
power to make rules for their management, and to establish their 
courses of study. 



474 SUTTON'S CIVIL GOVERNMENT IN CALIFORNIA 

Page 279. — The appropriation made by the legislature for the 
support of the elementary schools now amounts to $15 instead of 
$13 a year. The abolition of the poll tax deprives the school fund 
of one important source of revenue. 

Page 282. — The new normal school which was provided for by 
the legislature of 19 13 has been established at Areata, Humboldt 
county. 

Page 297, footnote 3. — The number of justices of the peace in 
Los Angeles township has been changed from four to six. 

Page 301, footnote 2. — Hereafter Shasta county is to have only 
one superior judge, and Stanislaus county is to have two. 

Page 309. — The provision that one shall be a taxpayer in order 
to qualify as a juror has been removed. 

Women have served as jurors a few times in different parts of the 
state. The situation seems to be that they may serve as jurors, 
but that jury service cannot be required of them. 

The state constitution was amended in some important particulars 
in 1 914. The substance of these amendments may be briefly indicated 
as follows : 

Page 349, IV, 31. — This section was amended so as to permit an 
irrigation district (a political subdivision of the state) in Imperial 
county to acquire the stock of a corporation in Mexico which owns 
part of the water system of the district — the system starting in 
California, running across the border into Mexico, and them coming 
back into California. 

Page 354, V, 20. — This section was amended to read as follows : 
" United States Senators shall be elected by the people of the State 
in the manner provided by law." 

Page 358, VI, 4|. — This section was amended by eliminating the 
word " criminal." As it now stands the provisions of the section apply 
to all cases, civil and criminal. 

Page 372, XI, 6. — This section was amended in two respects : 

1 . Any city is permitted to turn over certain of its municipal work — ■ 
such as the assessing of property, the collecting of taxes, the auditing 
of accounts, and the keeping of the city funds — to county officers. 

2. Any city is permitted to provide in its charter that its governing 






SUPPLEMENT 475 

body may manage its municipal affairs, not according to a specific 
enumeration of powers, but subject only to the limitations found in 
the charter. Heretofore the powers of a city had to be definitely 
stated, item by item, in the charter; now they may be granted in 
general terms in so far as they relate to municipal affairs. 

Page 376, XI, 7^. — A new subdivision, 4^ , was added to this 
section which makes it competent for a county charter to empower 
county officers to do certain work for cities located within the county, 
if such cities request such work to be done. For example, a city may 
wish the county assessor to assess the property within its limits for 
purposes of municipal taxation, the county tax collector to collect 
the city taxes, the county treasurer to keep the city money, etc. 

Page 379, XI, 8. — This section was amended in many particulars, 
the most important of which are as follows : 

1. Permitting a general grant of power, as to municipal affairs, 
as stated above respecting section 6. 

2. Providing that petititions for charter elections shall be verified 
by county clerks, and registrars of voters, instead of city clerks. 

3. Permitting nominations of candidates for the office ok freeholder 
to be made either by petition or in the same manner as the city 
nominates candidates for city offices. 

4. Permitting the city council to extend the time for the com- 
pletion of the charter by the freeholders from 120 to 180 days. 

5. Providing for only one publication of the charter, instead of 
ten, and requiring that it be printed in pamphlet form for general 
distribution. 

6. Providing that charter amendments may be submitted to the 
people at a special or general election within six months of the meet- 
ing of the legislature, or before it adjourns. 

Page 383, XI, 8f . — This section was amended in two particulars : 

1. Permitting any city to provide in its charter for a municipal 
court to take the place of the police court, and also of the township 
court having jurisdiction in the city. This would do away with the 
complications arising from the overlapping jurisdictions of township 
and police courts as explained on pages 298-300. 

2. Providing a method whereby any city having a population of 
50,000 may detach itself from the county in which it is located for 



476 SUTTON'S CIVIL GOVERNMENT IN CALIFORNIA 

the purpose of forming a consolidated city and county. In order to 
carry through such a plan the people of the city, as well as of the 
entire county, would have to approve, and the consent of the state 
legislature would have to be obtained. 

Page 384, XI, 13. — This section was amended so as to permit the 
legislature " to provide for the supervision, regulation, and conduct, 
in such manner as it may determine, of the affairs of irrigation dis- 
tricts, reclamation districts, or drainage districts." Some of these 
districts have been so poorly managed by their locally elected officers 
that it is becoming difficult for any of them to sell their bonds. It is 
hoped that if they are subjected to state supervision men with money 
to lend will have more confidence in them. 

Section 13^ was amended by adding " irrigation districts," to the 
public corporations specified, and by making " said bonds and the 
interest thereon payable at any place or places within or outside of 
the United States, and in any money, domestic or foreign, designated 
in said bonds." 

Page 394, XII, 23. — This section was amended so as to give the 
legislature power to place the control of public utilities within city 
limits in the hands of the state railroad commission : a power which 
the legislature did not previously possess. 

A new section, 23a, was added. It empowers the legislature to 
confer power upon the state railroad commission to fix the price to 
be paid by the state, or any city or other public corporation in the 
state, for any public utility which it may wish to acquire " through 
eminent domain proceedings." 

Page 395, XIII, 1. — This section was amended so as to provide 
that " lands and improvements thereon located " owned by any city 
outside its own limits shall be subject to taxation, provided it was 
taxable when the city acquired it. All improvements made by the 
city on such property, however, shall be free from taxation. 

A new section, ia, was added which exempts from taxation the 
buildings, grounds (not exceeding 100 acres), and securities of any 
college in the state not conducted for profit. 

Page 396, XIII, 4. — A new section was added exempting from 
taxation, except for state purposes, all vessels of over fifty tons burden 
that are registered in any port of this state. 



SUPPLEMENT 477 

Page 398, XIII, 12. — This section was amended to read as follows : 
" No poll tax or head tax for any purpose whatever shall be levied 
or collected in the State of California." 

Page 410. — A new section, 17^, was added to article XX. It 
empowers the legislature to pass laws providing for the establishment 
of a minimum wage for women and minors, and for the comfort, 
health, safety, and general welfare of any and all employees. 

Page 430. — San Bernardino county has amended its charter so 
as to make all county offices elective that are elective in other coun- 
ties. Thus the long ballot is restored. Other features of the charter 
remain practically unchanged. 



